A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 24, 2010, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and KRW 2 million from the Suwon District Court to a fine for the same crime on December 11, 2012.

On August 22, 2013: (a) around 03:10, the Defendant driven a B-low X-ray car under the influence of alcohol with approximately 10k alcohol concentration of about 0.159% from the 813-3rd Do-dong, Gangnam-gu, Seoul, Seoul, to the front road of the entrance of the border border in which 3-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, is located.

After all, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal of the blood alcohol concentration and the result thereof;

1. A report on detection of a host driver (No. 8 No. 1);

1. Application of statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);