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

On July 6, 2013, at around 17:45, the Defendant driven a ESF small-scale car from the roads adjacent to the Gwangju cargo terminal located in the North-dong, Gwangju, to the roads adjacent to the station in the same Dong, while under the influence of alcohol by 0.317% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act is that the defendant driven a motor vehicle under very high alcohol level of 0.317% in blood alcohol level, and that the defendant caused a traffic accident that shocked the gas station office in the surrounding areas while driving the motor vehicle as above. However, it seems that the defendant is in need of strict punishment against the defendant. However, although the defendant was punished seven times a fine, there was no record of punishment for the same kind of crime, the defendant has no record of punishment for the same crime. In addition, considering all the sentencing conditions such as the motive, means and result of the crime of this case, circumstances after the crime, the defendant's age, character and behavior, family environment, the execution of the sentence should be suspended as stated in the order within the scope of discretionary mitigation, but the defendant is ordered to attend social service and compliance driving instruction for a certain period of time.