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

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 July 25, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court on July 25, 2006, and on August 14, 2009, the Seoul Central District Court issued a summary order of KRW 2 million for the same crime.

On August 5, 2013, the Defendant, who had drinking power twice or more as above, driven a B low-speed car under the influence of alcohol content of about 0.172% at a distance of about 300 meters from the front side of the “cab of the passenger” in the Sinsan-dong, Mangdong-gu, Sinyang-si to the front side of the same river village 8 complex.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual status of a host driver;

1. Previous for judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal history records, investigation report (Attachment of a copy of summary order);

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment not less than three times);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., inasmuch as the defendant is found to have had the past record of detection and punishment due to drinking driving, the defendant's responsibility is heavy. However, the defendant's responsibility is against the fact of the crime, and the defendant has no record of the crime heavier than a fine, and the defendant's age, gender, intelligence, etc. is determined as above in consideration of the defendant's age, gender, etc.

It is so decided as per Disposition for the above reasons.