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

On March 17, 2006, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 15, 2006, a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 15, 2006, and a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on July 27, 2009, respectively.

Although the Defendant was punished twice or more for a violation of the Road Traffic Act (driving) as above, on May 15, 2013, the Defendant driven B rocketing car from around 400 meters at a distance of about 400 meters from the upstream of Daejeon Dong-gu (hereinafter referred to as Daejeon Dong-gu Campaign) to the road in front of Daejeon Dong-gu, Daejeon, while under the influence of alcohol content of 0.103%, around 23:00.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A written appraisal of blood alcohol;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 1 and 44 (1) of the Criminal Act concerning the option of criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62(1)(C) of the Criminal Act is that the defendant committed a violation of the Road Traffic Act again even though he/she had a record of criminal punishment three times due to a violation of the Road Traffic Act, and there is a need for strict punishment corresponding to the responsibility for the crime.

However, there is a ground for normal reference, such as the confession of the defendant and reflects his depth, and there is no history of heavy criminal punishment heavier than the suspension of execution.

In addition, the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in consideration of the sentence.