A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 8, 2008, the Defendant issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court. On November 12, 2009, the Defendant was sentenced to imprisonment for the same crime, etc. in the same court on November 12, 2009, and was sentenced to 8 months and 2 years of suspended execution. On August 4, 2013, the Defendant driving a Dggal balo vehicle with a blood alcohol concentration of KRW 0.26% under the influence of alcohol concentration from the front day of the Geumcheon-gun, Kuwon-gun, Kuwon-gun, Jeonwon-gun, Seoul Special Metropolitan City to the front day of the dgalo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition and a report on detection of a host driver (A);

1. Previous records of judgment: Application of criminal records, references to criminal records, and Acts and subordinate statutes reporting attachment of written judgments;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant committed the crime of drinking driving in this case even though he was sentenced to imprisonment for one year, suspension of execution two years, imprisonment for drinking, driving without a license on March 2006, imprisonment for eight months due to drinking, driving without a license on November 2009, punishment for two years of suspended execution, and two times of suspended sentence due to drinking driving. In addition, it is doubtful that the defendant has shown significant doubt that there is a significant doubt about the opening of the sentence, and that the defendant has any effect on the part of the suspended sentence.

Nevertheless, considering the fact that the defendant is expected not to repeat again in the future, the elderly, the final crime is around 2009, and the defendant served in the region as volunteer fire fighters, voluntary crime fighters, etc. for more than 10 years, the defendant will be given an opportunity to last repent.