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

On September 26, 2013, while under the influence of alcohol 0.227%, the Defendant driven approximately 30 meters of vehicle C in the name of wife B from September 26, 2013 to the maid restaurant located in the North-gu Round-dong, Gwangju, North-gu Round-dong, Gwangju, the Defendant driven approximately 30 meters of vehicle C in the name of wife.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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 (Considering the following grounds for sentencing)

1. In light of the fact that the sentencing of Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend the lecture has two times the same drinking driving, the previous convictions refusing to measure drinking, and the blood alcohol content is high by 0.227%, a severe punishment should be imposed against the defendant. However, considering the fact that the defendant is willing not to repeat again against his mistake, and the above previous convictions were both fines, a judgment of probation and order to attend the lecture shall be issued only once on condition of probation and order to attend the lecture. In determining the specific punishment, a judgment of probation shall be made as per the disposition by taking into account all the sentencing conditions such as the defendant's age, character and conduct, family relationship, etc.