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

【Criminal Power】 On January 7, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Incheon District Court on January 7, 201, and was sentenced to a fine of five million won for the same crime at the Incheon District Court on January 15, 2013.

【Criminal Facts” around 22:00 on January 29, 2013, the Defendant driven a B-purd vehicle with approximately KRW 230 meters-on between the 230 meters-distance from the Han-gu Incheon Metropolitan City's Round in front of the school distance in the same Dong, while under the influence of alcohol content of about 0.158%.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous records: Application of criminal records, etc. and other 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;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;