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 November 11, 2009, the Defendant was sentenced to a fine of KRW 5 million by the Seoul Southern District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (driving) and a fine of KRW 3 million by the same court on December 23, 2010.

On November 26, 2013, around 23:40 on November 26, 2013, the Defendant driven B earth vehicles while under the influence of alcohol concentration of 0.079% from the 8km section of approximately 8km to the front day of the Dongdong Oil Station in Seo-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Application of the investigative report (Attachment to the same type of judgment attached), and the Acts and subordinate statutes governing the inquiry into criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Suspension of execution, which is more favorable for the reason of sentencing under Article 62(1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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, suspension of execution two years, community service order 40 hours, 40 hours in order to attend a law-abiding driving lecture (limited to a reasonable circumstances) and the defendant's reflectivity, a relatively low blood alcohol concentration (limited to a poor circumstances), two times the driving record including a traffic accident due to a drunk driving, and other previous records;