1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

On April 18, 2011, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court for a violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on October 17 of the same year.

1. On August 31, 2013, at around 00:05, the Defendant driven a B-tem motor vehicle at a section of about 800 meters from the front road to the front road of the luminous station located in the same Dong-dong in the same city from the front road of the 0.104% of the blood alcohol concentration.

2. The Defendant, while under the influence of alcohol content of 0.201% on the same day on the same day, driven the car of the above sphere on the 3km section from the front side of the luminous oil station located in the Dong-dong in Kimhae-si to the front road of the 3km-dong in the same Siri-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of each drinking driver, and notification of the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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;

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

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

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

5. The reason for sentencing of Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is that the defendant, who has been punished twice due to drinking driving, has been under the influence of driving once again on the same day, and the same day has been under the influence of drinking, and the quality of the crime is poor due to high drinking level.

However, the fact that the defendant's mistake is recognized and reflected, the fact that there is no criminal record exceeding the fine, etc. is considered as favorable circumstances, and the sentencing conditions, such as character, conduct and environment, are considered as ordered.