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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 27, 2007, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act on December 27, 2007, and KRW 2 million for the same crime on August 6, 2008.

【Criminal Facts】

On October 22, 2012, the Defendant, while under the influence of alcohol of 01:23% of the blood alcohol concentration, driven a C low-speed car at approximately 7km from the roads near the coal station located in Pyeongtaek-si, Seo-dong to the roads in front of the Korean Industrial Complex located in the same Si-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of a de facto driver, a report on detection of a de facto driver, and an investigation report (blood collection result);

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant once again drives alcohol despite the past record of criminal punishment due to drinking driving, and the blood alcohol concentration of this case is 0.201%, and the Defendant’s liability is not less than that of the Defendant in that the state of alcohol content of this case is very high.

However, considering the fact that the defendant was expected to be aware of and reflect the crime of this case, the fact that the defendant has no record of punishment heavier than that of probation, etc. in favor of the defendant, and taking into account other circumstances that are conditions for sentencing, such as the age, character, conduct and environment of the defendant, the punishment as ordered shall be determined.

It is so decided as per Disposition for the above reasons.