A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 9, 2012, the Defendant was sentenced to imprisonment for 10 months or for 2 years of suspended execution with respect to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in the Hongsung Branch of the Daejeon District Court on May 9, 2012, and the said judgment becomes final and conclusive on May 17, 2012

At around 18:35 on August 18, 2012, the Defendant driven CMW530 I car at the section of approximately 1.5km from the Do before the Do in front of the frequency of transmission located in the Patototori Eup in the budget-Eup of the Chungcheongnam-do, the Defendant driven CMW530 I car at the section of approximately 1.5km prior to the Gatotoo Center in the budget-Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the master and self-determination of the master, and a report on the status of the master drivers;

1. Written request for appraisal, and a written appraisal of blood alcohol;

1. Before ruling: Application of Acts and subordinate statutes to criminal history records, investigation reports (attached to a written judgment);

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reflects the Defendant’s mistake and acknowledges all the facts of the instant crime, and the Defendant’s occurrence of a large accident due to driving under the influence of alcohol did not occur, etc. were considered as favorable circumstances in determining the Defendant’s punishment.

However, in light of the fact that the Defendant committed the instant crime without good faith even during the period of suspension of execution, and the risk of accident was high due to driving in the state of chronic alcohol concentration of 0.319%, and the drinking driving is a dangerous crime that threatens the life and property of other people as well as himself/herself, and the nature of the crime is serious, the Defendant is under the breath sentence, but is under the breath sentence for the Defendant.

Therefore, the punishment is determined as ordered.