A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On September 10, 2010, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and on February 22, 2012, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for the crime of violation of the Road Traffic Act, and was sentenced to a total of three times of criminal records.

【Criminal Facts】

On September 3, 2013, the Defendant was under the influence of alcohol of 0.168% of blood alcohol concentration at around 00:05, the Defendant driven the B car volume at approximately 5km of “The Home Pack apartment located in the Si-Eup from the front to the front road at the same city-Eup.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the drinking driver, and the circumstantial statement of the drinking driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

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

1. The probation and the lecture attendance order committed the instant crime even though they could have the same kind of force as the first head in the judgment of sentencing in Article 62-2 of the Criminal Act, and the blood alcohol concentration in this case also high, the Defendant should be punished strictly. However, the Defendant recognized a crime and reflects the fact that the Defendant does not drive under the influence of alcohol, and disposes of the vehicle again, taking into account various sentencing conditions indicated in the record, the probation, etc. is ordered to prevent recidivism, and probation, etc. is also ordered to prevent recidivism.