A defendant shall be punished by imprisonment for one year.

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

[criminal power] On April 12, 2010, the Defendant was sentenced to a summary order of one million won as a crime of violating the Road Traffic Act at the Changwon District Court on April 12, 201, and on November 12, 2010, the Defendant was sentenced to a suspended sentence of two years for six months.

【Criminal Facts】

On July 22, 2013, while under the influence of alcohol content of 0.097%, the Defendant driven BM3 automobiles from the section of approximately 500 meters to the front road of the Do square in the same dong as the Do square, from the parking lot adjacent to the Do road in the window dong of Changwon-si, Changwon-si around 22:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (verification of details of suspect's records of driving under influence of alcohol);

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

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order have been found three times due to drinking run since 2009, and in particular, in 2010, even if the defendant had the record of being sentenced to the suspension of the execution of imprisonment with prison labor due to drinking driving as stated in the judgment, it is very heavy for him to repeat the same crime.

However, the execution of imprisonment shall be suspended for a limited period of time, taking into account the fact that the defendant's mistake is divided in depth and is blind of eradicating the future drinking driving in the future, and the current place of work when sentenced to the punishment in this case is lost and there is a concern that his family's livelihood as well as his family's future paralysis may be seriously threatened. However, if the same act is repeated once in the future, the punishment shall be determined with strict warning that the same act will no longer have been committed.

In addition, drinking driving.