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

On July 16, 2008, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan Branch Branch of the Incheon District Court on July 30, 2008 and receiving a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court Branch of the Incheon District Court on July 30, 2008.

On June 22, 2012, at around 23:30, the Defendant driven a Cpoter cargo vehicle in a drunken state with a blood alcohol concentration of about 0.076% from a section of about 50 meters from the front of the 65 Young Apartment-gu, Suwon-si, Suwon-si, Suwon-si, to the long distance of death.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of drinking-free driving, reports on detection of drinking drivers, and the ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports and investigation reports (a) Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, like the first head of the crime in the judgment of the court below, has a record of being punished once for drinking driving, driving under the influence of alcohol and driving without a license, and two times of the prohibition of drinking under the influence of alcohol driving again for the purpose of preventing driving under the influence of alcohol which threatens the safety of road traffic and enhancing the awareness of it, there is a need for a strict punishment of the defendant in light of the legislative intent of the current Road Traffic Act, which punishs the lower limit of the statutory punishment in the case of driving under the influence of alcohol again. Meanwhile, the defendant does not have any specific punishment power other than the fine prior to several times, and makes a mistake.