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

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

Punishment of the crime

On November 5, 2012, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Suwon District Court’s Pyeongtaek District Court’s House on March 5, 2013. On October 30, 2014, the Defendant was issued a summary order of KRW 700,000 as a fine for the same crime, and on November 7, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment for 8 months in prison for the same crime in the Suwon District Court’s Pyeongtaek District Court’s House, and the judgment became final and conclusive on November 7, 2014.

The Defendant, as seen above, was a person who had the power of regulating by drinking not less than twice, and driven B-wing and freight cars under the influence of alcohol content of about 0.119% at the 10-meter section from the front side of the “Sengsan C-Seng Station” located in the 17th day of August 17, 2017, when the Defendant was under the influence of alcohol level of about 100 meters to the front side of the “Seuksan C-Seng Station” located in the same Do.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and the response letter requested for appraisal;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to such previous decisions, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although 4 times the period of punishment for drinking drivers, including one time of suspended sentence as indicated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by comprehensively considering the defendant's age, sex, environment, family relationship, health condition, etc., as well as all kinds of sentencing conditions, including one time of suspended sentence as indicated in the reasoning of sentencing.