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

[criminal power] On September 27, 2007, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on September 27, 2007, and on June 29, 2009, the same court issued a summary order of two million won for a violation of the Road Traffic Act, and on December 29, 2009, on December 29, 2009, the Defendant was sentenced to a suspended sentence of two years for a period of six months for a violation of the Road Traffic Act, and on June 30, 2010, the Defendant was sentenced to a fine of seven million won by the same court for a violation of the Road Traffic Act.

【Criminal Facts】

On July 5, 2013, the Defendant, while under the influence of alcohol of 0.147% on blood alcohol concentration on July 23:37, 2013, driven a Cschsch Rex ls 460 vehicle from the front day of the cross-point store in Seocho-gu Seoul Seocho-gu, Seocho-gu to the front day of the 1323rd day of Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving 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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant again committed the instant crime even though he had a history of criminal punishment four times (one time to suspend execution of sentence, three times of fines) due to drinking driving, and that the defendant's blood alcohol concentration is high. However, the nature of the instant crime is not good. On the other hand, there are no criminal records except the above punishment power, that the defendant has no criminal records, that the defendant supports old age, his wife, and his children, and that there is clear social ties relationship between the defendant and his child.