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 October 2, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Sung-nam Branch of Suwon District Court on October 2, 2008, and a fine of KRW 6 million on March 22, 2012 at the Jung-gu District Court on March 22, 2012, respectively.

Nevertheless, around March 29, 2014, at around 22:29, the Defendant driven BM3 car in the state of alcohol 0.122% of alcohol concentration at approximately 300 meters from the front day of the New Elementary School located in Songpa-gu Seoul Metropolitan City, Songpa-gu to the front day of about 17, 300-ro 35-ro 17.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the driver, written consent to the collection of blood, and written request for appraisal by the National Institute of Scientific Investigation for Research;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (the same type of criminal records and confirmation);

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. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act has the history of being sentenced to two times a fine due to drinking driving within the last five years, and that the drinking level of this case is high, the choice of imprisonment shall be made; however, the execution of the sentence shall be postponed in consideration of all the circumstances, including the fact that there is no history of criminal punishment other than the previous conviction mentioned above, and that the defendant is against the gender of the defendant;

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