A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 11, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Jung-gu District Court on July 11, 2008, and a fine of four million won for a violation of the Road Traffic Act at the Changwon District Court on May 16, 201.

On December 1, 2012, at around 22:30 on December 1, 2012, the Defendant, who is a driver of Brando vehicle, driven a approximately 10-meter distance from 0 meters to 0.071% of blood alcohol concentration on the street in front of the Rotro-gu, Changwon-si, Changwon, Seoul, but was under the influence of alcohol with the 0.071% of blood alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a drinking driver and a written test for drinking;

1. Disqualifications of the main office;

1. Previous records of judgment: Criminal records, etc. inquiry reports, amounts of dispositions, and application of Acts and subordinate statutes reporting results;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of having been punished several times by a fine due to the violation of the Road Traffic Act and the violation of the Road Traffic Act.

However, it shall be considered as a favorable condition for the defendant's confession in depth, and the punishment shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.