A defendant shall be punished by imprisonment for not less than eight 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 September 1, 2006, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 1, 2006 and a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 13, 2010.

On July 4, 2013, at around 20:00, the Defendant driven CM5 car over a 2km section of around 199-15, Seosung-dong, Daejeon Seosung-dong, Seosung-gu, Daejeon Seodong, with a blood alcohol concentration of 0.194%.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The application of Acts and subordinate statutes to criminal records, fine records, and confirmation reports;

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The defendant's criminal liability is heavy in light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order had a history of punishment for drinking driving, etc. on several occasions, and the defendant's drinking driving is high and drinking water is high.

However, a judgment of suspension of execution shall be sentenced in consideration of the fact that the defendant has not been punished by a fine, other than punishment for the same crime, and reflects the wrongness, and probation and community service shall be added to prevent recidivism.

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