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 of the final judgment.

Punishment of the crime

On May 24, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor for the violation of the Road Traffic Act and 2 years of suspended execution on June 1, 2012 in the Chungcheong District Court of Chungcheongju on May 24, 2012, and the judgment became final and conclusive on June 1, 2012. On September 10, 2010, a fine of 4 million won is imposed for the violation of the Road Traffic Act (driving) at the Seoul East East District Court of Seoul, and on February 5, 2010, a fine of 2 million won is imposed by the Incheon District Court of Incheon on February 5, 2010, and the same criminal records are more than twice.

Criminal facts

On May 31, 2014, at around 23:52, the Defendant driven C-roping car at a section of approximately 200 meters from around the Buddhist restaurant located in Yeonsu-gu Incheon Metropolitan City to the front day of the Sungjin-gu in Yeonsu-gu Incheon Metropolitan City, with a blood alcohol concentration of at least 0.104%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Previouss before ruling: Criminal history records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences by law: Imprisonment for one year to three years; and

2. Determination of sentence: A relatively short driving distance, including a year of imprisonment, a stay of execution two years, community service, 120 hours, and 40 hours of an order to attend a lecture (limited to reasonable circumstances), the support of a person under administration and his/her children, drinking, and the fact that there is no other criminal records except for a licensed driving (unfavorable circumstances). A majority of the drinking driving force including a stay of execution;