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 August 20, 2007, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and a fine of KRW 3 million for the same crime at the Suwon District Court on March 12, 2010.

Although the Defendant had been punished twice or more as above, on November 1, 2013, at around 03:25, the Defendant driven a Bco-car in the state of alcohol alcohol concentration of approximately 0.144% from the 700-meter section from the front side of Pyeongtaek-dong, Seo-dong, Seo-gu, Seo-si to the front side of the shooting distance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of an employer-employed driver, and the written report on the status of an employer-employed driver;

1. Previous convictions: References to criminal records and investigation reports (Attachment of the same type of judgment) shall apply to statutes;

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 and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed the instant crime even though he had a previous record of his refusal of drinking alcohol measurement twice as well as the previous record of his drinking alcohol measurement, and thus, the criminal liability is not weak.

However, the probation and community service order should be sentenced only once on the condition of probation and community service order, considering various sentencing factors, such as the fact that the defendant has recognized the crime and made a mistake that he/she will not resume the drinking driving, etc.