1. The defendant shall be punished by imprisonment for six months;

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

3.

Punishment of the crime

[criminal power] On January 11, 2007, the defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Jeonju District Court's Jeonju branch court's support, and on November 24, 2009, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice since he had the record of being issued a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

At around 19:40 on January 8, 2015, the Defendant driven a c1 ton truck from around 300 meters away from the cafeteria to the road adjacent to the above cafeteria, while under the influence of alcohol by 0.2% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal records and relevant summary orders;

1. The provision of Article 148-2 (1) 1 of the Road Traffic Act, the provision of Article 148-2 (2) 1 of the Road Traffic Act stated in the applicable provisions of indictment for criminal facts, the selection of punishment, and the applicable provisions of indictment, appears to be clerical error;

Article 44(1) of the Act (see, e.g., Supreme Court Decision 2005Do4085, Apr. 28, 2006)

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Scope of recommending sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: 6 months of imprisonment with prison labor, 2 years of suspended sentence, the fact that the defendant had been punished twice or more for a violation of the Road Traffic Act as stated in the judgment of the court below, and that the blood alcohol content of the defendant was high by 0.2%, and that the crime of this case was committed by traffic accident is disadvantageous.

However, there is no punishment that exceeds the fine due to the violation of the Road Traffic Act.