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

On December 28, 2012, at around 01:25, the Defendant driven B Poter truck under the influence of alcohol with approximately 300 meters alcohol concentration of 0.23% from a section of approximately 300 meters in front of the “Poterage” in the Kimhae-si, Kim Jong-si to the front day of the “mariballey” in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The application of Acts and subordinate statutes to written appraisal of blood alcohol concentration;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act include: (a) the accused was punished for drunk driving in the previous case while repeating the same offense; (b) the fact that the amount of alcohol content is very high is disadvantageous to the accused; (c) the accused is contrary to the recognition of the offense while committing the offense; and (d) the fact that there is no criminal record exceeding the fine, etc.

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