A defendant shall be punished by imprisonment for not less than eight 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 November 7, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Gwangju District Court, and was sentenced to a fine of one million won by the same court on March 11, 2013.

Criminal facts

On September 11, 2013, at around 00:26, the Defendant driven a motor vehicle under the influence of alcohol concentration of approximately 2 km up to 0.186% in front of the Seo-gu Seodong Seo-gu, Seo-gu, Seo-gu, Gwangju, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of criminal records and summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act regarding probation and order to attend a lecture shall be determined as ordered by the Defendant, taking into consideration the following factors: (a) the Defendant was punished for drinking twice in 2011 and twice in 2013; (b) the Defendant’s blood alcohol concentration is considerably high; (c) the details and distance of drinking driving and the Defendant’s criminal records.