A defendant shall be punished by imprisonment for six 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

The Defendant, at the Changwon District Court on August 9, 2009, has the record of being sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on June 20, 201, a fine of 3.5 million won for the same crime in the same court on June 20, 201, and a fine of 6 million won for the same crime in the same court on March 18, 2013, respectively.

On November 24, 2014, at around 00:13, the Defendant driven BMW car under the influence of alcohol content of about 0.106% at the 1km section from the site apartment at the same time in front of the customary market located in Sungwon-si, Sungwon-si to the 205 front roads in the same city counter dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and report on the circumstances of the drinking driver;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, with the reasons for sentencing Article 62-2 of the Criminal Act, committed the instant crime again, despite having been sentenced to a fine for violating the Road Traffic Act on several occasions, as stated in the records of the crime record as indicated in the judgment of the court below.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., are considered in consideration of the fact that the defendant's mistake is divided and reflected, that the defendant has no record of being sentenced to the suspension of execution or heavier punishment for the same kind of crime, and that the defendant has been sentenced to punishment