A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 17, 2010, the Defendant issued a summary order of KRW 3 million as a fine for a crime of violating the Road Traffic Act (drinking driving) at a water source method source, and on January 18, 2012 at the same court, which issued a fine of KRW 3 million as the same crime.

Although the Defendant had twice the power of driving under the influence of alcohol as above, he once again driven a balp car while under the influence of alcohol with approximately KRW 100 meters from the influent road of Pyeongtaek-si (hereinafter referred to as Pyeongtaek-dong) to the road located at the same time-ro 4, the Defendant driven a balp car under the influence of alcohol level of 0.212 percent during blood.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol concentration in the blood;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;