A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On March 21, 2008, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on March 21, 2008, and a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on May 26, 2010.

Nevertheless, on February 8, 2013, at around 07:15, the Defendant driven Calburged vehicle from the front side of Gyeyang-gu Incheon Metropolitan City B apartment 1 Dong to the front road of about 700 meters Seo-gu, Bupyeong-gu, Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City, with a blood alcohol concentration of 0.132% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry report on the results of crackdown on driving under the influence of alcohol, the circumstantial statement of a drinking driver, and control details;

1. Previous records: The application of inquiry reports on criminal records, etc. and investigation reports (report attached to a judgment) Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal circumstances such as reasons for discretionary mitigation);