A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 18, 2008, the defendant was notified of a summary order of a fine of one million won by the Cheongju District Court for a violation of the Road Traffic Act. On August 13, 2010, the defendant was notified of a summary order of a fine of 1.5 million won by the Cheongju District Court for a violation of the Road Traffic Act.

On September 30, 2013, at around 22:35, the Defendant driven E-Poter cargo at a section of about 100 meters from the front road of the C cafeteria located in Cheongju-si B to the front road of the D cafeteria located in Cheongju-si, Cheongju-si, with a blood alcohol concentration of 0.113%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, investigation reports (Attachment, etc. of summary order), and Acts and subordinate statutes "a summary order, etc.";

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing: The defendant has already been punished several times by driving without a license as well as drunk driving.

The execution of a sentence shall be suspended by adding a probation and community service order, considering the risk of recidivism, etc. of a criminal defendant's personality and behavior, motive of crime, circumstances after committing the crime, driving distance, volume of alcohol concentration, etc. after choosing imprisonment, and determining the term of punishment by discretionary mitigation, taking into account various conditions of sentencing.

It is so decided as per Disposition for the above reasons.