A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On April 25, 2014, at around 21:06, the Defendant driven B Poter truck with a blood alcohol concentration of about 0.232% from the section of about 8 km from the road near the upper Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as inquiry into results of the crackdown on driving under the influence of alcohol, report on the circumstantial statement of a driver under the influence of alcohol, and protocol of crackdown;

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

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc. lies in the fact that the Defendant, at the Suwon District Court on March 19, 1998, issued a summary order of KRW 500,000 by a fine for the violation of the Road Traffic Act, and the same court on June 21, 2002, issued a summary order of KRW 2.5 million by a fine for the violation of the Road Traffic Act. On April 4, 2014, the Defendant was under the influence of alcohol level of KRW 0.193% while driving under the influence of alcohol level of KRW 0.193%.

Nevertheless, the Defendant committed the instant crime under the condition of 0.232% alcohol concentration at the time when only three weeks have not elapsed from the control date.

Therefore, the choice of imprisonment is inevitable in selecting a sentence against the defendant.

In determining specific sentencing, the above circumstances indicate that the defendant is led to confessions and reflects on the crime of this case, that there is no accident while the defendant is driving under drinking, that the defendant is not subject to criminal punishment equivalent to or heavier than the suspension of the execution of imprisonment after being sentenced to criminal punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, around 194, and that the defendant is not subject to criminal punishment for the suspension of the execution of imprisonment.