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

On August 22, 2006, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act, etc. in the Seocho District Court's territorial branch on August 22, 2006, and on December 2, 2008, the same court was sentenced to imprisonment for 6 months or 1 year of suspended execution.

Although the Defendant had been punished for drunk driving two or more times, on March 22, 2013, the Defendant driven Bmerc trucks with approximately 0.161% of alcohol concentration in the section of approximately 1km from the 1km to the front road of the “Lorisung Motor Vehicle” located in the Choyang-dong, Seocho-si, Seocho-si, Gangwon-si, Gangwon-si, Gangwon-do, from the parking lot of X-si, 19:45 on March 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (applicable to the same type of judgment and copies of summary orders);

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 (see, e.g., the fact that the accused acknowledges and reflects the crime, the distance of driving is relatively short, and the person has no criminal record of imprisonment or heavier punishment);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;