A defendant shall be punished by imprisonment for one year.

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

[criminal power] On November 23, 2006, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Gangseo branch court of the Chuncheon District Court on November 23, 2006. On October 20, 2008, the Defendant was issued a summary order of two million won by committing a violation of the Road Traffic Act.

【Criminal Facts】

On April 25, 2014, at around 21:44, the Defendant driven C Mysta car with the blood alcohol concentration of about 0.138% from the 600-meter section to the front road of the solar pharmacy located in the same Dong and Dong, from the ambama on the ambae-dong in the East Sea.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation report (former records and confirmation), two copies of judgment, and application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The sentencing reasons of Article 62-2 of the Criminal Act include the fact that the accused has a record of being punished for the same kind of crime, etc., the disadvantageous sentencing factors and the accused recognize their errors and are in depth divided, and the fact that they do not repeat even after scrapping a vehicle, etc., shall be determined as ordered by the sentence in consideration of all the sentencing factors.

It is so decided as per Disposition for the above reasons.