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 October 6, 2009, the Defendant was issued a summary order of 1.5 million won by committing a violation of the Road Traffic Act at the Suwon District Court’s site site, etc. On December 6, 2009, and on December 3, 2010, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act (driving) at the Daejeon District Court’s Incheon District Court’s Support.

【Criminal Facts】

On July 14, 2013, around 00:46, the Defendant driven the horse b at a section of approximately 800 meters prior to the front road, while under the influence of alcohol 0.138% of blood alcohol level. The Defendant driven the b horse b at the section of approximately 800 meters in front of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the status of running a motor vehicle on the driving of the motor vehicle and the statement of the situation;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that the defendant committed the crime of this case without having been punished for the same kind of crime, such as the first head of the judgment, is disadvantageous to the defendant, even though he had the record of sentencing under Article 62-2 of the Criminal Act.

However, a suspended sentence shall be imposed only once in consideration of the sentencing conditions indicated in the record, such as the fact that the defendant acknowledges and reflects the crime, and the fact that the defendant again is expected not to drive under drinking, etc., but the probation and the order to attend lectures shall also be issued to prevent recidivism.