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

【Criminal Power】 On June 11, 2012, the Defendant issued a summary order of KRW 5 million to a fine of KRW 1.5 million at the Incheon District Court for a violation of the Road Traffic Act (refluence of measurement). On February 20, 2009, the Defendant issued a summary order of KRW 2 million to a fine of KRW 2 million at the Incheon District Court due to a violation of the Road Traffic Act (Refluence), and on December 31, 199, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act (Refluence of measurement).

【Criminal Facts】 Around 13:07 July 23, 2013, the Defendant driven a DNA spectrum vehicle while under the influence of alcohol concentration of 0.213% in front of the 186 Eastern apartment, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., although the defendant had had a history of punishment for drinking driving or refusing to measure drinking, he/she is deemed to drive his/her motor vehicle under the high blood alcohol level again, and the nature of the crime is not weak, but it is against the fact that his/her mistake is recognized, and there is no criminal record other than the previous conviction in the judgment, and all other sentencing conditions, such as the defendant's age, character and conduct, family environment, etc.