A defendant shall be punished by imprisonment for not more than ten 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 November 29, 2006, the defendant was sentenced to a fine of 1.5 million won for a crime of violation of the Road Traffic Act at the Busan District Court on November 29, 2006, and a fine of 3 million won for a crime of violation of the Road Traffic Act at the Changwon District Court on September 17, 2007 and violated Article 44 (1) of the Road Traffic Act not less than twice.

[2013 Highest 1290] On April 16, 2013, the Defendant driven a blateral car in front of the “brida club” located in the Gambadong in Kimhae-si on the street, while under the influence of alcohol with a blood alcohol concentration of 0.184%.

[2013 Highest 1760] On June 1, 2013, the Defendant driven a B-ho vehicle while under the influence of alcohol content of about 0.306% in approximately 5 meters from the 5m section before the cafeteria, which was located in the Young-si, Changwon-si, Changwon-si, Kim Jong-si, to the next road of the "mang Mart" in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of each host driver, and circumstantial statements of each host driver;

1. The report on blood collection appraisal;

1. Previous records: Application of the Act and subordinate statutes of inquiry report and investigation report (report accompanied by a copy of summary order) such as criminal records;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, each of which is applicable to the crimes and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 on probation and order to attend a lecture is very heavy in light of the following: (a) even though the Defendant had been sentenced three times or more due to drinking alcohol driving since 2002, once again drives under the influence of alcohol; and (b) the Defendant again drives under the influence of alcohol under Article 203Ga1760 even after he was prosecuted for driving under the influence of alcohol, and the amount of drinking alcohol is very high.

However, the defendant.