A defendant shall be punished by imprisonment for six 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 March 4, 2008, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Daejeon District Court on March 4, 2008, and on February 21, 2012, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court on February 21, 2012.

around 00:10 on October 29, 2013, the Defendant driven BM7 vehicles under the influence of alcohol content of about 400 meters at a section of approximately 00 meters from the front of the Bupyeong-dong Bupyeong-gu Incheon Bupyeong-dong to the front of the entrance of “voluntary village” in 768, Dong-dong, Dong-dong, Dong-dong, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a driver, a circumstantial statement of the driver, and a blood collection appraisal report;

1. Investigation report (Attachment of summary order of the same kind of power);

1. Investigation report (information gathering and calculation of blood alcohol concentration);

1. Application of Acts and subordinate statutes to investigation into criminal records;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Determination of sentence: Imprisonment with prison labor for six months, a stay of execution for two years, an order to attend a compliance driving lecture for 40 hours [fried circumstances], the reflectivity of the defendant, the suspension of execution for a period of not less than 10 hours, and the fact that the blood alcohol concentration of the instant case was not high [fried circumstances] two times; and