A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] The Defendant was issued a summary order of KRW 1 million on March 9, 2007, and KRW 3 million on June 20, 2008, with a fine of KRW 3 million on June 20, 2008, in an Ansan District Court’s Ansan Branch for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 31, 2012, at around 00:30 on October 31, 2012, the Defendant driven CM5 car under the influence of alcohol content of about 0.172% from the 1km section to the roads in front of the Korean Industrial Complex located in Pyeongtaek-dong, Pyeongtaek-dong.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. A report on the primary creation of documents;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of summary order attached) related to criminal records, etc.;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture does not seem to have a possibility of criticism in that the defendant, who had been sentenced to two times a fine due to drinking driving, once again drives under the influence of alcohol.

However, in light of the fact that the defendant seems to be aware of and reflect on the crime of this case, the defendant has no previous conviction in addition to the above fine, the defendant's age, character and conduct, and environment, and other circumstances that are conditions for sentencing, the punishment as ordered shall be determined by taking into account all the circumstances.

It is so decided as per Disposition for the above reasons.