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

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

Punishment of the crime

On June 14, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Changwon District Court on June 14, 2012, and was sentenced to a fine of five million won for a crime of violating the Road Traffic Act at the Changwon District Court on October 31, 2013.

On December 20, 2015, the Defendant driven a 1km-type car under the influence of alcohol concentration of 0.121% in blood, while under the influence of alcohol concentration of 0.121% in front of the Do square, which is located in the name line of the window in the Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement of the situation of the driver driving, the written measurement of the driver driving of alcohol and the report on the situation of the driver driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment to summary orders, etc.);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was sentenced to a suspended sentence due to a crime of violating road traffic law (driving of alcohol) as stated in the facts of the crime indicated in the judgment below; and (b) the Defendant was sentenced to imprisonment in the first instance court due to the same crime during the suspended sentence period; (c) the Defendant again committed the same type of crime in the appellate court despite the fact that he was sentenced to a fine in the first instance court; and (d) the Defendant committed the same offense in the instant case at the time of driving alcohol; and (c)

However, the fact that the defendant does not drive under the influence of alcohol again after drinking, the fact that the health of the defendant is not good, and the age, sex, motive, means and result of the crime of the defendant.