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 January 23, 2009, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on January 23, 2009, and was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on July 18, 201.

On December 29, 2013, at around 04:15, the Defendant driven a B rocketing car with a blood alcohol concentration of about 0.126% from the 2km section from the roads in the Nam-gu Incheon Metropolitan City, Yeonsu-gu, Incheon to the roads in front of 913, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Application of statutes to reply to criminal records, etc.;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, two years of suspended sentence, two hours of community service order, 80 hours of community service order, 40 hours of order to attend a compliance driving lecture [fluence], Defendant’s reflectiveness, or not less than a suspended sentence [fluence], which includes two recent years of drinking driving, high blood alcohol concentration (0.126%), traffic accident detection due to traffic accident, and the crime of violation of the Road Traffic Act (fluence) sentenced by the Seoul Southern District Court on January 23, 2009 among the previous drinking power includes the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.