A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On March 5, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving on July 10, 2009), a fine of KRW 1.5 million for the same crime in the same court on July 10, 2009, and on December 23, 2010, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving on December 23, 2010). On May 20:58, the Defendant was a person who had been sentenced to two years for a suspended sentence of six months for a violation of the Road Traffic Act. On May 25, 2013, the Defendant was driving a vehicle under CM 5 under the influence of alcohol of KRW 0.087% for alcohol in the direction of approximately 200 meters from the front of the Mando-Eup Sinan-do, Namyang-do, Nam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to report and attach criminal records, reply reports, written judgments, etc.;

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. 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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, and Article 62-2(1) of the Act on the Punishment, etc. of Juveniles, as long as the period of probation due to drinking driving, etc. is too limited, the Defendant committed the crime of drinking driving in this case. In addition, it is highly doubtful whether the Defendant has shown good mind, and it is doubtful whether the Defendant has any effect on the Defendant’s prior action of probation.

Nevertheless, taking into account the fact that the defendant raises the young children, and that the blood alcohol concentration of this case is not high, it is believed that the defendant would not repeat again more than once.