A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

【Criminal Power】 On July 3, 2007, the Defendant had a blood alcohol concentration of 0.138% at the time of committing a violation of the Road Traffic Act (driving) in the application of the Gwangju District Court for a wood application.

on January 4, 2008, the blood alcohol concentration at the time of the same crime in the same court was 0.11%.

On the other hand, Article 44 (1) of the Road Traffic Act, such as receiving a fine of two million won or more, was violated at least twice.

【Criminal Facts】 Around July 17, 2013, the Defendant driven a vehicle of 500 meters hump from the 2nd square of Simpo-dong 195% of blood alcohol concentration at a 0.175%, in front of the square of Simpo-dong 2 at Simpo-dong, to the front road of Simpo-dong 2 at the same time.

Summary of Evidence

1. The defendant's legal statement and the report on the status of the driver;

1. Division: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (Attachment reports of judgments of the same kind as a suspect), and criminal records;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (in addition to the power of choice of imprisonment and the judgment, the fact that there exists the history of fines for two times by driving without a license in 2009, and the fact that the blood alcohol concentration level is relatively high shall be considered);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;