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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 28, 2006, the defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act in the Busan District Court's Dong Branch Branch of the Busan District Court on December 29, 2009, a fine of 2 million won for the same crime in the Gwangju District Court's Net Branch of the Gwangju District Court on December 29, 2009, and on December 15, 2010, the above court was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act.

【Criminal Facts】

On November 7, 2014, at around 05:20, the Defendant driven C Eccoo motor vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of 0.062% from the 100-meter section from the front side of the Gcoo-dong Office, Ncoo-si, Gcoo-dong to the front side of the Hcoo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiry reports, investigation reports, and written judgments, including criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had a record of punishment for the same kind of drinking driving on several occasions, and the nature of the crime is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case, the fact that the defendant again is expected not to drive alcohol, and the blood alcohol concentration is relatively high.