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.

Criminal facts

On November 3, 2006, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of the Road Traffic Act at the Seoul Eastern District Court, on February 1, 2008, to a fine of KRW 2,50,000 for a violation of the Road Traffic Act, and on February 19, 2009, at the Seoul Western District Court, to a summary order of KRW 2,50,000 for a violation of the Road Traffic Act.

On September 24, 2012, at around 21:58, the Defendant driven a C car with 1 km from the roads near Jinyang-si, Jinyang-si to the 267-19-way path for the use of the Eup of the same Eup while under the influence of alcohol content of 0.075%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous records of judgment: Application of inquiries and investigation reports, including criminal records, and Acts and subordinate statutes (verification of records, such as drinking driving, etc. on at least two occasions);

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 53 or 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the defendant repents his wrong and the blood alcohol concentration is not high);

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