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] The defendant was sentenced to a fine of 2.5 million won at the Changwon District Court on February 9, 2009 for the crime of violation of the Road Traffic Act, and a person who had been sentenced to a suspended sentence of 2.5 million won in the same court on September 25, 2009 for the same crime, etc.

【Criminal Facts】

On January 15, 2013, the Defendant was under the influence of alcohol with 0.143% of blood alcohol concentration at around 22:15: (a) the Defendant was driving a freight vehicle B 1 ton in the section of approximately 2km from the section of approximately 2km to the front distance of the new elementary school located in the same Gu and located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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. 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 extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2(1) of the Criminal Act on probation and order to attend a lecture has been five times or more for drunk driving since 2003, and in particular, in 2009, the criminal liability is very heavy even if the defendant had been sentenced to a suspended sentence of imprisonment due to drinking driving, etc., and the same crime has been repeatedly committed.

However, the execution of a sentence shall be suspended only once in consideration of the fact that one's mistake is pened in depth, that one's own mistake has been tried to eradicate drinking driving since the suspended sentence was sentenced, that there was no fact discovered by drinking driving prior to the instant case, and that there was a family member who should support urgently. However, the sentence shall be determined with strict warning that if the same act is repeated once in the future, it will no longer be any longer.