The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

On May 28, 2007, the Defendant, at the Gwangju District Court, issued a summary order of KRW 50,000,000 as a crime of violation of the Road Traffic Act, and on December 5, 2013, at the same court, issued a summary order of KRW 1,500,000 as a fine for the same crime on at least two occasions. On August 29, 2014, the Defendant driven a CNEW EFM car under the influence of alcohol concentration of approximately 4 km from the front side of the Western Elementary School in the bankruptcy-dong of Gwangju Mine to the front side of the Gwangju Mine-gu, Gwangju Metropolitan City, while under the influence of alcohol of KRW 0.104% for blood alcohol concentration of KRW 0.104.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of a report on detection of a host driver;

1. Previous convictions: Application of the Acts and subordinate statutes in which criminal records and copies of summary order are recorded;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (including the absence of any record of punishment for imprisonment without prison labor or heavier punishment);