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

On February 19, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on February 19, 2013, and a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on November 22, 2013.

On December 17, 2015, while under the influence of alcohol level of 0.182% among blood transfusion around 22:30 on December 17, 2015, the Defendant driven at approximately 4 km from the front side of the Cinyl Pinhodong in Dobong-gu Seoul Metropolitan Government to the front side of the 1013-ro, Gangnam-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in the judgment: Details of inquiries about management of the primary detection report, references to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation report (Attachment to summary orders related to driving force of the same kind of drinking);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence: (a) the fact that the Defendant’s blood alcohol content is considerably high at the time of committing the instant crime; (b) the distance of the Defendant’s driving is not shorter than four kilometers; and (c) the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws in 2013 as stated in the previous conviction in the judgment of the lower court; (b) the Defendant is disadvantageous to the Defendant; (c) the Defendant is deeply divided and against himself; (d) there is no history of criminal punishment exceeding a fine; and (e) there is no history of criminal punishment exceeding the Defendant’s fine; and (e) other circumstances revealed in the instant pleadings, such as the Defendant’s age, family relation