A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 7, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Changwon District Court on January 7, 2008, and was sentenced to a fine of two million won for the same crime in the same court on February 8, 2010.

On January 6, 2013, at around 22:25, the Defendant driven a B-30 vehicle under the influence of alcohol content B 0.270 percent with a distance of about 2 kilometers from the front day of the main body in the Seocho-gu Busan Metropolitan City, to the front day of the Manduk 2 tunnel located in the same Gu hot spring dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the request for appraisal and the detection of a host driver;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of a copy of a summary order);

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. 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 consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime of drinking again without being aware of the fact that he/she had been sentenced to a fine twice due to the violation of the Road Traffic Act, even though he/she had a record of being sentenced to the punishment, and the quality of the crime is not good.

However, it shall be considered as a favorable condition for the defendant's confession in depth, and the punishment as ordered shall be determined in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.