A defendant shall be punished by imprisonment for four 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 May 30, 2012, at around 22:33, the Defendant driven a DNA cargo vehicle with approximately 40 meters alcohol concentration of about 0.076% while under influence of alcohol, from the front of a cafeteria located in the father-dong, Kimhae-si to the front of the new wall market located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a report on the results of the crackdown on drinking driving and the situation of driving under the influence of alcohol;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. In light of the fact that the defendant committed the crime of this case even though he had been sentenced nine times or more including three times a suspended sentence due to drunk driving or unlicensed driving under Article 62-2(1) of the Criminal Act of probation and community service order and Article 59 of the Act on Probation, etc., it is necessary to punish the criminal of this case. However, although it is necessary to punish the criminal of this case, the fact that the defendant is aware of the crime and is divided, the driving distance is relatively short, the driving distance is not very short, and the driving of this case is not very high, and the accident of this case does not occur due to driving of this case, and other conditions of sentencing under Article 51 of the Criminal