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

The defendant, at the Incheon District Court on March 19, 2010, is punished by a fine of four million won for a violation of the Road Traffic Act (driving) at the Incheon District Court, and the same year.

2. 9. The same court has the same record of being punished for driving under the same kind of alcohol in addition to being sentenced to a fine of three million won for the same crime.

On April 19, 2013, the Defendant, who had been punished for drunk driving two or more times, driven B K5 cars at the section of about 10 meters from the upper corner of the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul Metropolitan City, with the alcohol concentration of 0.174% under the influence of alcohol around 09:30 on April 19, 201.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on initial action at the traffic accident site and a survey report on actual condition;

1. A report on detection of a de facto driver and a circumstantial statement;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc. and investigation reports (a copy of summary order);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Mitigation of discretionary work: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution.

1. Order to attend lectures under Article 62-2 of the Criminal Act;