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 July 2, 2010, the Defendant, at the Gwangju District Court, issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act; on December 24, 2010, the same court issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act; on November 9, 2012, the same court received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act from a fine to a fine of KRW 1.5 million; and on September 28, 2014, received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at least two times. On September 28, 2014, the Defendant was a person with power of violating Article 44(1) of the Road Traffic Act. On September 27, 2014, the Defendant driven a vehicle under the influence of KRW 1.5% alcohol in the section from the wheel-gu in Gwangju-gu, Gwangju to a gold announcement in the same name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Entry in the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes in which an investigation report (report on the results of confirmation of criminal records, etc. of a suspect);

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

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);