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 of the final judgment.

Punishment of the crime

【Criminal Power】 On June 4, 2008, the Defendant had a blood alcohol concentration of 0.129% 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 November 24, 2008, a fine of 1.5 million won, and at the same court on November 24, 2008, the blood alcohol concentration was 0.220% at the time of the crime of violation of the Road Traffic Act (influence) and the violation of the Road Traffic Act (influence).

a person who has violated Article 44 (1) of the Road Traffic Act not less than twice, such as receiving a fine of three million won.

【Criminal Facts of Crimes】 around 03:00 on October 25, 2013, the Defendant driven a Bpppppon car under the influence of alcohol content of approximately 0.145% from the front of the gold apartment located in Sejong-gun, Samnam-gun, Samnam-gun, Samnam-gun, to the front of the acquisition galton fishing road located in Samnam-gun, Samnam-gun, Samnam-gun, Samnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (former records and summary orders);

1. Relevant Article of facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in addition to the regular criminal power, consideration of the fact that there exists a history of having received a fine of 1.5 million won for a drunk driving in 2002, other than the regular criminal power, and that a traffic accident has occurred without the low blood alcohol concentration level);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2008Do329, Jan. 1, 2008);

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;