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

On July 6, 2007, the Defendant received respectively a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Chuncheon District Court’s territorial branch on July 6, 2007, and a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the same court on January 24, 2008;

1. On September 7, 2012, at around 21:30, he/she drives a B-to-purd motor vehicle with approximately approximately 1 Km section of approximately 0.153% of blood alcohol content in the direction of alcohol in the front of the Seocho Library located in the same Dong-si, from around 21:40 on the same day to the front road of the Seocho Library located in the same Dong-si;

2. On October 25, 2012, around 22:05, a vehicle of lukidy with approximately 800 meters in a section of 500 meters from the front day of the luxal bath road located in the Cheongsi-si, Cheongsi-si to the front day of the luxal elementary school located in the Cheongsi-si, Cheongsi-si. B was under the influence of alcohol by 0.137% in a state of under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the circumstantial statement of each drinking driver, and the report on detection of each drinking driver;

1. Response to the request for appraisal;

1. Previous conviction: Application of Acts and subordinate statutes of a copy of criminal history record, inquiry and summary order;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, each of which is applicable to the crimes and the choice of punishment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for a violation of the Road Traffic Act due to a crime under subparagraph 1 of a judgment heavier than criminal punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is highly likely to be criticized in that the Defendant driven under the influence of alcohol 0.153% and 0.137% under the influence of alcohol on two occasions, despite the fact that the Defendant committed the same kind of crime and has been punished several times.