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 March 7, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of one million won or more due to a violation of the Road Traffic Act at the Busan District Court on March 7, 2007, and a summary order of a fine of two million won or more due to the same crime at the same court on March 10, 201.

"2013 Highest 8"

1. On December 15, 2012, around 23:30 on December 15, 2012, the Defendant driven a B Trate car with a blood alcohol concentration of about 1km from around 23:12% under the influence of alcohol at around 0.122% in the lux apartment located in the luxung-dong, Busan Metropolitan City, to the lux apartment in front of the lux apartment located in the luxung-dong.

"2013 Highest 526"

2. Around 00:45 on January 17, 2013, the Defendant driven C X-ray vehicles at a section of approximately 100 meters for the front of the new gas located in the Seocho-dong, Busan, under the influence of alcohol content of 0.119%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving) of the Act on the Punishment of Criminal Facts, the choice of punishment, and the choice of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the prior conviction of the Defendant, needs to be punished by severe punishment in that the same crime is repeated during the trial while the Defendant had been punished three times due to drunk driving or two times due to unlicensed driving.

On the other hand, the punishment shall be determined as per the disposition in comprehensive consideration of the fact that the defendant has no record of punishment exceeding a fine and reflects his/her crime.