A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 15, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) at the Sungnam branch support on December 15, 2008, and on November 12, 2012, the Daejeon District Court issued a summary order of KRW 5 million due to a crime of violating road traffic law (drinking driving), respectively.

[2] Although Defendant 1 had been punished twice or more due to the crime of violating the Road Traffic Act (drinking), Defendant 2 driven B K5 cars under the influence of alcohol leveling about 0.245% over a 50-meter portion of alcohol level around the 500-meter radius from the roads near the Gyeong-dong located in the Gyeong-dong in Gwangju-si, Gwangju-si, to the roads near the 97-ro station in the same field of wave.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and an accident scene photograph;

1. Notice of the result of the crackdown on the driving of alcohol (A), report on the circumstances of the driver in charge of alcohol (A), and report 112;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report on the same criminal record and confirmation of the suspect);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be selected in consideration of six months of imprisonment, the records of driving alcohol over several times by the accused for a stay of execution of two years, the level of alcohol concentration in the blood of the accused, etc.

However, the amount of punishment under Article 51 of the Criminal Act, which is shown in the records and arguments of this case, is reduced by taking into account the favorable circumstances that the defendant is led to the confession, and that there is no record of the crime exceeding the fine, and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.