A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[Violation of the Composition Requirements] On July 27, 2007, the Defendant was sentenced to a fine of 2 million won for the violation of the Road Traffic Act at the Seoul Eastern District Court on March 25, 2008, by a fine of 2 million won for the violation of the Road Traffic Act at the Seoul Northern District Court on March 25, 2008, by a fine of 2 million won for the violation of the Road Traffic Act (refluence). On July 2, 2009, the Defendant was sentenced to a fine of 5 million won for the violation of the Road Traffic Act (or an order) at the Seoul Northern District Court on July 2, 2009.

[Fact that constitutes a crime] On October 24, 2012, the Defendant was under the influence of alcohol of 0.134% on blood alcohol level on October 23, 2012, and was driving Bone Star bus in the section of approximately 1 km in front of 30-1, Jung-gu, Seoul, Jung-gu, Seoul.

Summary of Evidence / [The Facts constituting a crime]

1. Defendant’s legal statement

1. Examination protocol of suspect;

1. Report on the inspection of occurrence of case, that on the result of the control of drinking driving, that on the results of the control of drinking driving, that on the status of drinking drivers, and that on the statement;

1. A reference report on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (a summary order and binding of copies of written judgments);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting a crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (main grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act (Consideration of the main grounds for the suspended sentence);

1. Circumstances stated in the judgment of this case / In addition to the criminal records stated in the judgment of this case, the circumstances stated in Article 62-2 of the Criminal Act of the community service order and Article 59 of the Probation, etc. Act / In addition to the criminal records stated in the judgment of this case, the fine of KRW 700,000 won for the violation of the Road Traffic Act (driving) in March 2004, the fine of KRW 1.5 million for the violation of the Road Traffic Act (Good Driving) in June 2005 / the submission of the defendant's written opinion, and each written statement in the written application presented to the defendant and his family of the defendant / her family / The words, scarcitys and features shown by the defendant in the court / The defendant's sentencing conditions, character and behavior, intelligence and environment