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

[criminal power] On September 10, 2012, the Defendant was issued a summary order of KRW 5 million on the grounds of a violation of the Road Traffic Act (driving) at the Daejeon District Court’s Incheon District Court’s Branch on September 10, 2012, and KRW 3 million on October 26, 2012 at the Eunpyeong District Court’s Pyeongtaek District Court’s site as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 29, 2014, at around 01:04, the Defendant driven B Poter freight from approximately 500 meters away from the road near Pyeongtaek-si to the front road in the same Eup/Myeon under the influence of alcohol content of 0.075%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the actions for driving under the influence

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of written judgments), and application of two copies of written judgments to statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant had the record of having already been punished twice due to drinking driving, etc., even three times after 2012, and again commits the crime of drinking driving in this case. In light of the fact that the Defendant again committed the crime of drinking driving in this case, the responsibility for such crime is not easy.

However, a suspended sentence is imposed as ordered in consideration of various sentencing factors, including the defendant's age, occupation, home environment, criminal records, etc., including the fact that the defendant recognized the crime and did not repeat the crime, and that the drinking alcohol level is relatively high. However, in order to prevent the risk of recidivism, probation and community service order should be added to the condition that the defendant will prevent the risk of recidivism.