A defendant shall be punished by imprisonment for not less than eight 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 November 9, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court, on November 19, 2009, a summary order of a fine of three million won for the same crime at the same court on November 19, 2009, respectively. On February 18, 201, the Defendant was sentenced to a suspended sentence of eight months for the same crime at the Changwon District Court.

On March 23:45, 2015, the Defendant driven a Korean bed rice boomed parking lot in which it is impossible to identify the name located in Kimhae-si at around 23:45, and, from around 1 km section to the front road of the non-dong-dong in the same city-free zone, the Defendant driven a Cone Star Grand Cargo with alcohol content of about 0.227% in blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected victims of violating the Traffic Act on the road, reporting on the detection of drivers engaged in driving, reporting on the circumstantial statement of drivers engaged in driving, and response to requests for appraisal;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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

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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed the instant crime again despite the fact that he/she had been sentenced to a fine and a suspended sentence due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment below, and the Defendant again committed the instant crime, and considering the fact that the amount of alcohol content in blood during driving of the instant case is very high (0.158%, breath measurement) at the time of driving of the instant case, etc.,

However, the fact that the defendant repents and reflects the mistake, that there was no traffic accident through the crime of this case, that there are children to support the defendant, the age, sex, motive for the crime.