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 9, 2007, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Changwon District Court on March 9, 2007 and a fine of 1.5 million won for the same crime at the same court on October 18, 2010.

Despite the fact that the Defendant violated the provision on the prohibition of drunk driving twice, the Defendant driven, around January 25, 2013, the BNS car to approximately one kilometer in front of the Kim Sea Library, which was under the influence of alcohol by 0.092% in blood alcohol concentration at around 22:35 on January 25, 2013.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of court rulings and 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. 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 consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime of drinking again without being aware of the fact that he/she had been punished three times by a fine due to the violation of the Road Traffic Act, even though he/she had the record of such punishment, and the quality of such crime is not good.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant has no record of punishment as punishment, the fact that the defendant is living in depth while making a confession, the circumstances favorable to the defendant, and the conditions of sentencing shown in the records, such as the age, character, conduct and environment of the defendant.