A defendant shall be punished by imprisonment for one year.

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

On February 12, 2008, the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act in the Seo-gu District Court's Branch Support on February 12, 2008. On September 11, 2008, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution.

Criminal facts

On December 14, 2012, at around 00:59, the Defendant driven a 1k section as BNF vehicle from around Pyeongtaek-si Station in Pyeongtaek-si to front of the Korean Industrial Complex in Pyeongtaek-sidong, while under the influence of alcohol of 0.143% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Requests for appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records;

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. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, even if the defendant was punished several times due to drinking driving, the crime of this case is not less complicated in light of the fact that the defendant committed the crime of this case.

However, in consideration of various sentencing factors, such as the fact that the defendant has recognized a crime and made a mistake that he/she would not repeat drinking driving, etc., he/she shall be sentenced to probation, community service order and order to attend a lecture only once.