A defendant shall be punished by imprisonment for six 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 August 29, 2008, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) at an Ansan District Court's Ansan Branch on August 29, 2008, and on December 5, 2008, a summary order of a fine of 2.5 million won for the same crime, etc. in the same support, and violates Article 44 (1) of the Road Traffic Act at least twice.

On September 5, 2012, at around 00:05, the Defendant driven a B food car from approximately 400 meters away from the 5th road of the central air zone in Ansan-si, a member of Ansan-si, to the front road of about 631, in a state of alcohol 0.215% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of a copy of a summary order), and application of Acts and subordinate statutes governing a summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on the Probation, etc., is a dangerous crime that the defendant drives a vehicle while under the influence of alcohol; a drunk driving is a dangerous crime that may lead to a serious accident that may lead to the life of another person; the recent revision of the Road Traffic Act, the punishment for the act of drinking alcohol has been significantly strengthened; the defendant committed the crime of this case of the same kind in the same time even though he had the history of already been punished twice or a fine due to drinking driving; and the defendant committed a traffic accident under the influence of the blood alcohol concentration of 0.215% at the time of driving of this case.