A defendant shall be punished by imprisonment for six 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 14, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of KRW 1.5 million at the Suwon District Court on September 14, 2007, by being sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Pyeongtaek District Court on November 5, 2007, by being sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Pyeongtaek District Court on September 11, 2008, and by being sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the site of Suwon District Court on September 11, 2008.

On December 1, 2012, at around 00:06, the Defendant driven CM7 car at around 5 meters while under the influence of alcohol content of 0.112% at an entertainment city apartment 108-dong underground parking lot located in Osan-si, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

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

1. A report on each traffic accident, a report on the occurrence of a traffic accident, a report on accident site, or a photograph of CCTV-faging;

1. A report on investigation;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a copy of judgment attached)-related 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of drinking under the influence of alcohol in the state of drinking alcohol concentration of 0.112% even though he had been punished three times due to drinking driving, drinking and non-licensed driving, and in addition, the defendant committed the crime of drinking under the influence of alcohol concentration of 0.112%. In light of the purpose of the Road Traffic Act, which stipulates that the person who violated the provision on the degree of drinking alcohol and the prohibition of drinking driving should be punished more strictly in a case where driving under the influence of alcohol again is conducted, this is not that of the case

However, the defendant did not commit a second offense, reflecting his fault in depth.