A defendant shall be punished by imprisonment for one year.

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 January 16, 2009, the Defendant received a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on February 26, 2010.

On November 26, 2012, the Defendant, while under the influence of alcohol on blood alcohol content of 0.176% on November 26, 2012, driven Cunststun car at approximately 1 km from the front day of the mutually unclaimed restaurant in the Seo-gu, Seo-gu, Seo-gu, Gwangju to the front day of the Gulletlet in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act provides that the current Road Traffic Act provides that a person who has violated the prohibition provisions on drinking under the influence of alcohol more than twice again drives under the influence of alcohol with the aim of preventing a drunk driving that threatens the stability of road traffic and ensuring the awareness thereof, and that the defendant has already been punished three times due to drinking under the influence of alcohol, and that the defendant's blood alcohol concentration was relatively high to 0.176% at the time of the instant case, taking into account various factors of sentencing, such as the defendant's age, character and behavior, etc., the sentence shall be determined as per the order.