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

[criminal power] On March 30, 2007, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving) at the Changwon District Court on March 30, 2007, and on September 26, 2011, the Defendant received a summary order of a fine of two million won as the same crime in this court.

【Criminal Facts】

On July 9, 2014, at around 18:30, the Defendant driven a car with a gallon in the state of alcohol 0.186% of blood alcohol concentration from approximately 100 meters away from the front of the galutian road located as Jinju-si, Jin-si to the front road of the Dominomian located as the same galutian.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the detection of drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to judgments) and Acts and subordinate statutes;

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Although there are extenuating circumstances such as the defendant's blood alcohol concentration high for sentencing of Article 62-2 of the Criminal Act of probation and community service order, the defendant committed again the crime of this case even though he had been sentenced two times of the same crime, having been sentenced to imprisonment, suspension of the execution of imprisonment, fine, etc. However, on the other hand, the defendant's spouse and his child are leading not to drive under the influence of alcohol in the future, considering favorable circumstances such as the fact that the defendant's spouse and his child wanted to have the defendant's wife's wife, and clear social relation, the execution of imprisonment shall be suspended, and the probation and community service order shall be added to prevent recidivism. It is so decided as per Disposition by the court.