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

On June 28, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a violation of the Road Traffic Act, and a summary order of KRW 3.5 million by a fine in the same court on September 13, 2010.

On October 24, 2012, at around 01:13, the Defendant driven B car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.082% in front of the new fish zone located in the same Dong on the roads in front of the new fish zone.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records: Application of criminal records, etc. and Acts and subordinate statutes;

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

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

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

4. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., the Defendant, who was punished twice due to drunk driving, once again drives under the influence of alcohol, and the revised Road Traffic Act imposes a punishment heavier than the previous one in consideration of the severity of damage caused by drunk driving.

However, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, and circumstances after crimes, are equally considered and the execution of the sentence is suspended on the condition that the Defendant takes part in social service and the compliance driving lecture.