A defendant shall be punished by imprisonment for a term of one year and two 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 July 18, 2011, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act by the Incheon District Court. On September 11, 2008, the same court was sentenced to a fine of four million won for the same crime. On February 9, 2007, the Defendant was issued a summary order of one million won for the same crime by the same court.

As above, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving on a sound driving), was driving BM520 automobiles under the influence of alcohol concentration of 0.177% from the area around the main station located in the Nam-gu Incheon Metropolitan City, Incheon, to the 3rd apartment located in the Yeonsu-gu, Yeonsu-gu, Incheon, for about seven kilometers from July 15, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report and photographs of the accident site;

1. A report on detection of a host driver and a circumstantial statement;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of Article 62 (1) of the Criminal Act, including the fact that no personal damage has occurred due to the driving of sound);

1. Probation and community service order under Article 62-2 of the Criminal Act;