A defendant shall be punished by imprisonment for six 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 September 11, 2006, the Defendant was issued a summary order of KRW 2.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act. On April 9, 2010, the Defendant received a summary order of KRW 2.5 million by the same court as the same crime.

【Criminal Facts】

피고인은 2013. 1. 1. 21:50경 혈중알코올농도 0.108%의 술에 취한 상태로 광주 북구 우산동에 있는 피고인의 지인 B의 집 앞 도로에서부터 광주 북구 우산동에 있는 ‘깻잎통닭’ 앞 도로에 이르기까지 C 그랜저 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report of a host driver, the report on detection of a host driver, and investigation report (related to the application of the Tramark formula);

1. Records before judgment: Application of inquiry reports and investigation reports (Attachment to summary orders), such as criminal records, etc.;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 repeated for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., the defendant driven a motor vehicle in a considerable drinking level of 0.108% of blood alcohol level, the traffic accident of the defendant occurred while driving the motor vehicle, and the defendant repeated the crime of this case even though the defendant had been punished four times due to the crime of driving the same kind as the crime of this case, even though he had been punished four times as the crime of this case, it is deemed that a strict punishment is necessary for the defendant. However, the defendant is divided into and reflected by his mistake, but the defendant has been punished ten times a fine for the same offense, but there was no criminal record other than the above fine for the same kind of crime, and the defendant again drives a drinking alcohol.