A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On January 18, 2008, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the Seoul Western District Court on January 18, 2008, and on January 22, 2009, the Defendant issued a summary order of three million won of a fine at the Suwon District Court on January 22, 2009.

On May 12, 2013, at around 15:29, the Defendant driven a DNA siren car with a blood alcohol content of 0.110%, while under the influence of alcohol on May 12, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and investigation report (number of drinking driving);

1. Previous records of judgment: Application of criminal records, inquiry records, and copy of judgment;

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;

1. Taking into account the following circumstances: (a) the Defendant’s mistake under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is divided in depth; (b) the Defendant was punished for a crime committed for about five years before he was punished for such a crime; and (c) there was no past record of the punishment heavier than that of the suspended sentence, in addition to the punishment for a crime committed for ten years before he was punished for the suspended sentence; and (d) “the previous record of a drunk driving twice or more” was committed before the enforcement of the current Road Traffic Act, which

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;