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 June 17, 2008, the Defendant was issued a summary order of KRW 700,000 for a fine for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court, and on November 28, 2008, at the same court on November 28, 2008, the Defendant was issued a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act (driving).

On June 13, 2012, around 00:15, the Defendant driven a vehicle B KPB (K5) in the state of alcohol alcohol concentration of about 0.098% at a distance of about 2km from the front of the head of the Dong-dong Dong-dong, Yongsan-si to the front day of the Dong-dong, where it is impossible to find out the trade name located in the "Rafa," the head of the Dong-dong, Yongsan-gu, Yongsan-gu, Seoul to the front day of the same Jungsan-dong to the road.

Accordingly, the defendant, who violated the Road Traffic Act that prohibits driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal records, inquiry reports, investigation reports (former records and confirmation reports);

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment not less than three times);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the defendant is against the law, that there is no past record of criminal punishment heavier than a fine, that there is no measured blood alcohol concentration relatively high);

1. It shall be decided as ordered by the court on the grounds of Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act;