The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 2008, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court as a violation of the Road Traffic Act.

On 29, around 00:59, the Defendant driven the EM6 car from the second floor parking lot of the building C located in Seocheon-si B to the front road of the same city at approximately 50 meters from the 0.134% alcohol concentration, while under the influence of alcohol around 00:59.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (former and confirm);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Number of an order to attend a course of sentencing under Article 62-2 of the Criminal Act, the frequency of punishment for the same kind of crime is time interval with the crime of the case, the confession of the crime, the misunderstanding is divided, and the recidivism is not possible, and the punishment is determined as ordered in consideration of all the sentencing conditions shown in the arguments of the case, including the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime.