A defendant shall be punished by imprisonment for nine 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

On February 28, 2007, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on February 28, 2007, and a fine of 2 million won as a crime of violating the Road Traffic Act (driving) in the same court on June 17, 2008.

At around 22:30 on August 29, 2015, the Defendant driven a wing vehicle B with the blood alcohol concentration of about 0.174% at a distance of about 300 meters from the Jongyang-gu Pungyang-gu Pungyang-si B to the roads front of the Criwon Oil Station as the same height of the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Discretionary mitigation: Articles 53 and 55(1)3 (see the following reasons for sentencing) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (see, e.g., Reasons for sentencing);

1. Order to attend a lecture: The reason for sentencing of Article 62-2 of the Criminal Act, including the power of drinking driving as indicated in the judgment of the defendant, has already been punished four times or more, but again, the drinking driving of this case was conducted again, and the drinking alcohol level is relatively high, and there is a need for any corresponding strict punishment.

However, in consideration of the fact that the defendant's mistake is divided, that the records of drinking driving are relatively long time, and that there is no record of punishment more than a fine, the execution of imprisonment as above shall be suspended and the sentence shall be determined.