A defendant shall be punished by imprisonment for not more than ten 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 September 20, 2006, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Sungwon District Court's Sungnam branch on September 20, and on January 14, 2009, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act at the Suwon District Court.

Although the Defendant had been punished for drunk driving more than twice, on March 28, 2013, at around 23:00, the Defendant driven CEX car while under the influence of alcohol with approximately 0.103% of alcohol content in the section of about 300 meters from the road of “explosion-do” located in the Seocho-si, Seocho-si, Gangwon-si, Gangwon-do, up to the road of “explosion-do” located in the front of “explosion-gu, Gangwon-si, Gangwon-si.”

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records: Application of inquiry reports on criminal records, etc., investigation reports (Attachment to the same type of power 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;