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 June 30, 2008, the Defendant was notified of a summary order of a fine of KRW 2.5 million at the Changwon District Court due to a violation of the Road Traffic Act (driving). On June 12, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court, for six months and for one year of suspended execution.

On March 2, 2015, around 01:15, the Defendant driven a b bargaining vehicle under the influence of alcohol level of approximately 10 km from the 10km section to the road located in the Jinhae-gu, Jinhae-dong, Changwon-si. In addition, the Defendant driven a b bargaining vehicle under the influence of alcohol level of about 0.235% from the 10km section to the road located in the same city of Jinhae-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving, the report on the state of drinking drivers, the report on the state of drinking drivers, the report on the state of drinking drivers, the request for appraisal of blood alcohol concentration, and the written appraisal of blood alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act is very heavy in view of the fact that the defendant committed the crime of this case even though he had the record of being sentenced to suspended sentence due to the crime of violation of the Road Traffic Act, as stated in the facts constituting the crime of this case, and the fact that the blood alcohol concentration at the time of driving under the influence of alcohol of this case is highly high (0.144% even according to the self-sufficiency measurement level).

However, the execution of a sentence is suspended only once in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime and the circumstances after the crime.