A defendant shall be punished by imprisonment for not more than ten 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 July 18, 2008, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on July 18, 2008. On June 5, 2009, the Defendant was sentenced to a suspended sentence of four months by the same court as the same crime and was sentenced to two times by imprisonment with prison labor for the same crime.

【Criminal Facts】

On August 25, 2012, at around 23:21, the Defendant, while under the influence of alcohol of 0.074% of blood alcohol content, operated a section of approximately 500 meters from the front side of “Mamoster Kin” in the Chuncheon-si 3-dong, Chuncheon-si, in the direction of the new supervision assistant located in the same e-mail 1-dong.

As such, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Investigation report (Report on the status of an employee);

1. Previous records: Criminal records, etc. inquiry reports and application of three copies of the judgment;

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 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 repeated in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, is that the Defendant committed the instant crime without making a serious effort to improve his/her character and behavior even though he/she had been sentenced to a punishment for the same kind of crime several times, and that he/she committed the instant crime again without making a serious effort to improve his/her character and behavior, and that of the recent revision of the Road Traffic Act, which greatly strengthened the social risk and harm of the crime of drinking driving, and the punishment

However, the defendant repents his mistake.