A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 29, 2008, the defendant was sentenced to a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (refluence of measurement), on November 19, 2009, by the same court on November 19, 2009, and on August 8, 200, the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (refluence) and the Special Act on the Settlement of Traffic Accidents. On May 18, 201, the same court was sentenced to a fine of KRW 10 million for a violation of the Road Traffic Act (refluence of measurement) and a violation of the Road Traffic Act (refluence of measurement).

【Criminal Facts】

1. Around March 19, 2013, the Defendant driven a Do SM3 car while under the influence of alcohol with 0.158% alcohol concentration on the front of the film town located in the Gu, Sin Pyeong-dong on March 19, 2013.

2. On March 30, 2013, the Defendant driven a DM3 car while under the influence of alcohol with a 0.096% alcohol concentration on the front side of the Maptool Pung-dong, Gui-si, Gui-si, Guipool on March 30, 2013.

Summary of Evidence

【Criminal Power at the Time of Sales】

1. References to criminal records (A), summary order, and copies of written judgments (criminal records No. 1 criminal records in the market) of investigation records 2013dan423;

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, written assessment of blood alcohol, written report on the driving under the influence of alcohol, and written report on the driving under the influence of alcohol (criminal facts constituting the second offense on the market); - High

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the status of running a motor vehicle under consideration, reports on the status of operating a motor vehicle under consideration, reports on the status of a motor vehicle under consideration;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting a crime;

1. Selection of each sentence of imprisonment with prison labor (in consideration of the fact that two times of fine for the same kind of crime, one time of suspended execution, and the fact that blood alcohol concentration is high, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that discretionary mitigation is contrary to Articles 53 and 55(1)3 of the Criminal Act, and there are circumstances to consider the circumstances leading to the crime No. 2 in the holding.