A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 28, 2007, the Defendant was sentenced to a fine of KRW 1,500,000 for the crime of violation of the Road Traffic Act at the Busan District Court on July 8, 2009, a fine of KRW 1,500,000 for the same crime in the same court on July 8, 2009, and a suspended sentence of two years for the six-month period for the same crime in the same court on October 7, 2009.

On December 12, 2012, at around 21:27, the Defendant driven Cone Star 6 Band Do cargo vehicles under the influence of alcohol concentration of approximately 200 meters from a 200-meter section from the front of a restaurant in which it is impossible to know the trade name in the Kimhae-si, Kim Jong-si to the front day of the public morals in the same tri-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a suspect in violation of the Road Traffic Act;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

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

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the Defendant had a record of criminal punishment several times before he/she had been sentenced to criminal punishment due to drunk driving (the sentence of suspended sentence twice among them), and when he/she had been sentenced two times, it is not good that the Defendant committed the instant crime of the same kind, and that the penal punishment for drunk driving has been strengthened due to the revision of the Road Traffic Act, it is necessary to strictly punish the Defendant.

However, the order and punishment shall be determined in consideration of all kinds of sentencing conditions shown in the arguments in the instant case, such as the fact that the defendant's mistake is against his/her will be recognized, the age, character and conduct, environment, and circumstances after the crime.