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 this judgment becomes final and conclusive.

Punishment of the crime

On August 11, 2009, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on March 19, 2007, a fine of one million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court on March 19, 2007, and on July 30, 2003, at the Ulsan District Court on July 30, 2003, and sentenced to a suspended sentence of ten months and two years for a violation of the Road Traffic Act (driving). On March 7, 2001, the Defendant was sentenced to a fine of one million and five million won for a violation of the Road Traffic Act (driving) at the Busan District Court.

On March 5, 2013, at around 00:05, the Defendant driven a B-learning car under the influence of alcohol content of about 0.183% from the 3km section of approximately 3km from the 427-4rd-ro, Mapo-gu, Seoul, Mapo-gu to the knives underground car of the same Gu to the knives drive on the ground of blood alcohol content of 0.183%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiry reports and investigation reports (former records and reports), such as criminal records, to 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant does not know about a large number of persons having the same kind of power and again commits the crime of drinking driving, which is disadvantageous to the defendant.

However, it is decided as per the disposition by taking into account the following factors: the defendant reflects his mistake in depth, the fact that the defendant is currently preparing for the official approval notice, the fact that the company is faithfully working and the branch wants the defendant's preference, and the defendant's age, character and conduct and so on.