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

[criminal record] On March 24, 2010, the Defendant was issued a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the resident support of the Daegu District Court. On November 16, 2010, the Defendant was sentenced to a suspended sentence of KRW 2 years for the same crimes in the resident support of the Daegu District Court.

[Criminal Facts] Around 20:50 on July 15, 2014, the Defendant driven the Defendant’s home, in the state of alcohol, with a blood alcohol concentration of 0.254%, from approximately 15 meters to E in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (report on confirmation of criminal records of the same kind of crime as a suspect);

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. Article 62 (1) of the Criminal Act;

1. The sentence shall be imposed as ordered in consideration of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., which are shown in the arguments of this case, including the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., as well as the fact that the defendant has committed several identical offenses, and that the defendant has committed a mistake in depth.