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 September 29, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court, and on September 19, 201, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (hereinafter “Act No. 11000, Sep. 16, 201”) at the Gwangju District Court.

【Criminal Facts】

On June 14, 2014, around 16:53, the Defendant: (a) was a person who violated two or more times the regulations on the prohibition of driving under the influence of alcohol; (b) was driving B-low automobiles under the influence of alcohol with approximately 0.291% of alcohol level in a section of about 1km from the front of the Ildong apartment in Gwangju Northern-gu to the front of the epoch-gu in Gwangju Northern-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement, etc. on the circumstances of an employee;

1. Records of judgment: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, etc., references to inquiry reports, previous records of disposition, and reports on results of confirmation (Attachment of summary orders);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., in light of the fact that the Defendant had been punished for all the crimes of drunk driving in the same kind on three occasions in addition to the previous convictions in the past, while driving a motor vehicle in the state of high blood alcohol concentration of 0.291%, it is necessary to strictly punish the Defendant.

However, on June 17, 2014, the fact that the defendant repents the defendant's wrong, and that he does not repeat the same crime while scrapping his own vehicle on June 17, 2014, and the age, character and conduct, environment, motive and circumstances of the crime.