A defendant shall be punished by imprisonment for four months.

except that 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 April 18, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on June, 2013, and the said judgment became final and conclusive around the 26th day of the same month.

【Criminal Facts】

On January 6, 2013, at around 23:55, the Defendant driven B Mt Motor Vehicle under the influence of alcohol with approximately 500 meters of alcohol alcohol concentration 0.257% on the road in the Dongcheon apartment complex from front 607-dong to front 606-dong apartment complex in Seocheon-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes related to each accident;

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

1. Handling concurrent crimes and mitigation of laws by taking into account equity between cases where a judgment entered in the records of crimes is to be rendered concurrently with a crime for which a final judgment has become final and conclusive, and a mitigation is to be made in consideration of equity;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the person is a beneficiary of basic living);

1. It is so decided as per Disposition by the assent of all participating Justices on the bench, on the following grounds: (a) taking account of equity in cases where a judgment entered in the criminal records of sentencing as stated in the reasoning of sentencing in Article 62(1) of the Criminal Act becomes final and conclusive; and (b) the Defendant is supporting a mother who is administering a soldier as a basic living recipient and a child with a second degree disability