A defendant shall be punished by imprisonment for not less than eight 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.

Criminal facts

On March 3, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on March 3, 2008, and a fine of 3.5 million won for the same crime on April 3, 2014.

On April 10, 2016, the Defendant, while under the influence of alcohol of 0.120% during blood transfusion, driven B Oba in a section of about 400 meters from the parking lot for the sports park located in the Southern-gun, Nam-gun, Nannam-gun, to the same bicycle way at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Inquiries about the results of crackdown on driving under drinking, reporting on the situation of driving under driving under drinking, reporting on the situation of the driver under driving under driving under drinking, notification on the results of crackdown on driving under drinking under drinking, driving license register

1. Each investigation report (for reporting on telephone conversations of a wooden person), (for reporting persons D telephone conversations), and (for reporting persons D telephone conversationss), along with inquiries about the results of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the same kind of case);

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

1. Selection of an alternative imprisonment with prison labor (the total drinking driving force is three times, and there are other records of traffic punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that a person drives otobba and commits mistake) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;