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 9, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court as well as a summary order of KRW 3 million for the same crime in the same court around July 12, 2010.

At around 00:20 on September 27, 2013, the Defendant, while under the influence of alcohol of 0.193% of blood alcohol content, driven Birst Pacific Cargo within approximately 600 meters from the front line of “intercom” located in the Gangnam-gu Seoul Metropolitan Government Open-dong to the front line of the same 656.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving and entry of the circumstantial statement of a drinking driver;

1. Previous records: Application of the Acts and subordinate statutes that record inquiry reports, such as criminal records;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. In light of the fact that the reason for sentencing under Article 62-2(1) of the Criminal Act, despite the fact that the defendant had been punished twice due to drinking driving, repeated driving again, the degree of drinking, and the current Road Traffic Act provides that the person who violated the prohibition of drinking driving at least two times shall be punished more strictly in the event of drinking driving again, although the criminal liability of the defendant is not minor, the defendant does not have any history of punishment heavier than the suspension of the execution, the confession of the crime against the defendant, and the fact that the confession of the crime does not reach the degree of traffic accident is considered as favorable to the defendant, and the execution of the sentence is suspended for six months, but the execution of the sentence is ordered to be suspended for six months, and the law-abiding driving curriculum is ordered to order the defendant to attend the law-abiding driving course.