A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 25, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act, and on March 26, 2010, the Defendant was sentenced to a summary order of KRW 1 million for the same crime in the same court on March 26, 2010, and on December 14, 201, to a fine of KRW 1 million for the same crime in the same court.

Although the Defendant had been punished for drinking driving two or more times, on July 27, 2014, the Defendant driven a B Sti-type car from approximately 300 meters away from the front of the coal terminal located in Pyeongtaek-si in the same Dong to the geographical distance located in the same Dong under the influence of alcohol level of 0.132% at around 07:00 on July 27, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. On-site photographs;

1. Previous records: Criminal records, etc. inquiry reports, copies of summary orders, and application of Acts and subordinate statutes 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant drives a motor vehicle in a state of considerable drinking in spite of three times of driving skills of the same kind. However, in light of the fact that the defendant recognized the facts charged in this case and took an attitude against his mistake, the defendant seems not to drive a motor vehicle again, the defendant's age, the degree of drinking alcohol level, character and conduct and family environment, and other various circumstances shown in the records, such as the defendant's age, character and behavior, are considered.