A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On May 19, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court, and on August 20, 2008, the same court was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving). On May 28, 2009, the Defendant was sentenced to a suspended sentence of KRW 4 months for a crime of violating the Road Traffic Act (driving) at the same court.

Nevertheless, at around 23:20 on December 11, 2012, the Defendant driven B B B B B with a blood alcohol concentration of about 500 meters from the 500-meter section to the front road of the Newcheon Supervisory Board located in the same Dong from the Samcheon-dong, Sincheon-dong to the Newcheon Supervisory Board located in the same Dong.

Accordingly, the defendant, who violated the duty not to drive a motor vehicle under the influence of alcohol more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, investigation reports (the same type of criminal records, summary orders, and copies of judgment), dispositions, previous records, results of confirmation, reporting on the date of release, and application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment not less than three times);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant's responsibility is heavier than that of the defendant because the defendant repeats the same kind of offense even though he had already been punished twice or more due to drinking operation. However, the blood alcohol concentration level at the time of detection is not significant, and the driving distance is relatively relatively.