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

around 23:30 on November 22, 2013, the Defendant driven a BDap car in an amount equivalent to 50 meters prior to the road located in the Seoul Children Hospital in front of the Chuncheon Chuncheon Doctrine restaurant in front of the said Seoul Doctrine, while under the influence of alcohol by 0.104% of the blood alcohol concentration of 0.104%.

[2014 Highest 127] On May 16, 2007, the Defendant was sentenced to a fine of four million won due to a violation of the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch on the grounds of a violation of the Road Traffic Act. On November 22, 2013, the Defendant was convicted of a violation of Article 44(1) of the Road Traffic Act on January 27, 2014 by committing a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Jinju branch on the ground that he was under the influence of alcohol by 0.104%.

On December 24, 2013, at around 03:25, the Defendant driven a Cobserver car under the influence of alcohol content of about 0.05% at approximately 10 meters from the 100-meter section to the road front of the “Evedo House” restaurant located in the Haak-dong, Jin-si, Jin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of each host driver, and report on the detection of each host driver;

1. The application of Acts and subordinate statutes on criminal records, etc. and investigation reports (verification of criminal records of the same kind);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following circumstances among the reasons for sentencing shall be considered):

1. The Defendant has a record of having been punished several times for the same crime in sentencing under Article 62-2 of the Criminal Act, and the Defendant also has the record of causing a traffic accident under the influence of drinking or non-license.