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 power] On Nov. 1, 2004, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on Apr. 25, 2007, a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on Apr. 25, 2007, and a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on Sept. 26, 2008.

【Criminal Facts】

On July 11, 2012, around 02:05, the Defendant driven CK5 car under the influence of alcohol of about 0.182% of alcohol content from around the 1.3km section of approximately 1.3km from the 122-6, Mapo-gu, Seoul Metropolitan Government Yandong, to the 32-39 front road of the same Gu Yandong 32-39.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. provides that the current Road Traffic Act provides that a person who has violated the provision on the prohibition of drunk driving twice or more shall be punished more strictly if he/she drives under the influence of alcohol again for the purpose of preventing a drunk driving that threatens the safety of road traffic and overcoming his/her awareness of it, and that the defendant has been subject to criminal punishment for six times or more due to drunk driving, unauthorized driving, etc., but there is a high possibility of criticism in that the crime of this case has been committed.

However, the defendant's mistake is divided and reflected, and the last drinking driving is punished for more than four years, and the driving distance is not long.