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 January 13, 2010, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court's Jinju branch on January 13, 201; on June 15, 201, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act; on July 20, 201, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) and received a penalty of KRW 5 million for two times or more for a violation of the Road Traffic Act, respectively.

On January 13, 2014, at around 21:23, the Defendant driven a B low-est car with a blood alcohol concentration of about 800 meters from the front of the Central Mono-dong in the Sin Seo-gu, Pela-dong to the Seocheon-dong, Pela-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;