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

The Defendant issued a summary order of KRW 2.5 million at the Daegu District Court on July 2, 2009 by a fine of KRW 2.5 million for a violation of the Road Traffic Act, and on December 18, 2009 by the same court on December 18, 2009, a person who violated Article 44(1) of the Road Traffic Act not less than twice by receiving a summary order of KRW 4 million for a violation of the Road Traffic Act.

On January 15, 2013, at around 21:40, the Defendant driven a B-purd-pured car in the state of alcohol alcohol concentration of approximately 0.138% from a section of approximately 200 meters from the front of a restaurant in the mutual influence in the Kimhae-si, Kim Jong-si to the front of the trine road in the same trine-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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 made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is not guilty of the crime of repeatedly driving under drinking without being aware of the fact that he had been punished twice due to drinking driving since 2009.

However, the punishment shall be determined in consideration of the fact that the defendant's mistake is recognized and reflected, the fact that there is no criminal record exceeding the fine, etc., and taking into account other circumstances which form conditions for sentencing, such as character, conduct and environment of the defendant.

In addition, an order to attend a lecture is added to encourage the eradication of drinking driving.

It is so decided as per Disposition for the above reasons.