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 November 27, 2006, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Central District Court, and the summary order of KRW 4 million for the same crime at the same court on March 10, 2010, respectively.

On 07:04 on 26.26. 206, the Defendant driven Cinep Motor Vehicle at approximately 13 km from the front side of Yeongdeungpo-gu, Suwon-si, Seoul to the point of 412.4km in Seoul, Seocho-gu, from about 13 km to the point of 521-6 km in Seocho-gu, Seocho-gu, Seoul.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a car under the influence of alcohol again.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement, circumstantial statement, report on the situation of the driver, criminal records of the crackdown on drinking driving, and criminal records inquiry reports and investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the part of the Defendant was for driving a motor vehicle on an expressway in the state of drinking alcohol level of 0.280%, even though the Defendant was subject to each fine of around 202, around 2006, and around 2010 due to drinking alcohol level.

In light of the fact that the defendant shows the attitude of recognizing and opposing the defendant's mistake, the defendant has no record of criminal punishment in addition to the suspended sentence of imprisonment for one time, and the defendant has no record of criminal punishment, and other circumstances such as the age, character and conduct, environment, motive, means and result of the crime, etc. of the defendant, the punishment as ordered shall be determined in consideration of the following circumstances.