A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 3, 2010, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating road traffic laws at the Changwon District Court on September 3, 201, and was sentenced to a fine of 8 million won by the same court on September 11, 2013.

On October 30, 2015, Defendant 1, who had a drinking record twice or more as above, driven C rocketing car while under the influence of alcohol content of about 0.10% at the 50m section of alcohol up to the front road of the mix square in front of the trade name in the window bend of the Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving, a written measurement of the driver who is placed in driving, and a report on the situation of driving in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant again committed the instant crime despite the fact that he/she was sentenced to a suspended sentence and a fine due to a violation of road traffic laws (driving of alcohol), such as the observation of protection, community service order, and order to attend lectures; and (b) the fact that the amount of alcohol concentration during blood transfusion at the time of driving of the instant case is relatively high, etc.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence of the crime, etc., shall be considered and sentenced to the same punishment as the order in consideration of the fact that the defendant's mistake is divided and reflected, the defendant's wife and three children must support the defendant, and other circumstances.