A defendant shall be punished by imprisonment for six months.

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

[criminal power] On May 19, 2008, the Defendant received a fine of KRW 700,000,000 from the Suwon District Court's House as a crime of violation of the Road Traffic Act (driving of Drinking) and a fine of KRW 8 million from the same court on July 31, 2008.

【Criminal Facts】

On August 10, 2013, the Defendant was under the influence of alcohol of 0.309% in blood alcohol concentration on August 10, 2013, the Defendant driven a vehicle of 1km from approximately 1km to the front road of Pyeongtaek-dong Han-dong Han-dong, Pyeongtaek-dong, and the front road of Pyeongtaek-dong, Pyeongtaek-dong, in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;

1. Reports (1) and (2) on traffic accidents;

1. An accident site photograph;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the Defendant had already been punished twice due to drunk driving, again committed the crime of drinking alcohol driving in this case. Since the Defendant had a high risk of causing a traffic accident in a state of inflow that makes it difficult to memory how to drive a vehicle more than 0.309% of the drinking alcohol level, there is a need for punishment corresponding thereto.

However, a suspended sentence should be imposed on the condition of community service order in consideration of various sentencing factors, such as the defendant's age, occupation, and criminal records, including the fact that the defendant is against the recognition of the crime, and that the previous department has no record of being sentenced to a fine or more, but the probation should be added to prevent the risk of recidivism.