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 of the final judgment.

Punishment of the crime

[Criminal Power] On August 31, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Incheon District Court, and on February 7, 2013, the same court was sentenced to a fine of eight million won for a violation of the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving).

【Criminal Facts】

On July 22, 2014, at around 23:07, the Defendant driven BS5 car under the influence of alcohol content at approximately 0.11% in a section of about 30 meters from the front day of the dormitory of Pyeongtaek-si in Pyeongtaek-si to the front day of the same rily village so far as the Defendant was under the influence of alcohol content at approximately 30 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

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

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

1. The crime of this case on the grounds of probation and community service criminal punishment Article 62-2 of the Criminal Act is not exceptionally applied in light of the fact that the defendant committed the crime again despite the fact that he had been already punished twice due to drinking driving, etc.

However, the punishment shall be determined in consideration of various sentencing factors, such as the fact that the defendant is recognized to commit the crime, the fact that there is no criminal record exceeding the fine, the fact that the substitute driver is accompanied by and driving out of the alley, etc., and the probation shall be sentenced on condition of probation and community service.