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

The Defendant is a person who violated Article 44(1) of the Road Traffic Act at the Changwon District Court on March 8, 2010 by having been sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) or a fine of two million won due to the same crime at the same court on June 24, 2010.

At around 16:15 on October 17, 2015, the Defendant driven the CT 100 Oralba in the section of about 1km in front of the upper south distance in the same Gu, via the ju apartment in the same Gu, in the south-dong of Changwon-si, as the Defendant was under the influence of alcohol of 0.15% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports (A), investigation reports (a copy of judgment on the same kind of electric power, etc.);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is the reason for sentencing unfavorable to the defendant, in addition to the past records sentenced to a fine due to the crime of violating the Road Traffic Act, etc. as stated in the judgment of the court below, even though he again committed the crime of this case two times more (one time of fine and one time of suspended execution), and the fact that the driving of this case was in the state of detention enough to cause a traffic accident, etc.

However, it is found that the defendant would not drive under the influence of alcohol again again in the future, that the defendant was found to drive under the low risk of vehicle rather than a motor vehicle, and that there was no loss of human life due to the drinking driving of this case, and that he was punished after June 24, 2010.