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 two million won or more for a violation of the Road Traffic Act in the Changwon District Court's Jinju on April 13, 2009, and on September 17, 2009, the defendant was sentenced to a suspended sentence of two years or more for a period of four months or more for a violation of the Road Traffic Act in the same court.

【Criminal Facts】

On March 7, 2013, the Defendant driven a car in B from around about 200 meters to the front road of the new post office located in the same Si/Gun/Gu, in the state of alcohol of 0.09% of blood alcohol concentration on March 7, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. A report on detection of a host driver;

1. Criminal records, summary orders, and application of statutes applicable to rulings;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (The fact that the sentence of imprisonment is suspended for a crime of the same kind, but has been served for several years, and that it is before several years, considering the normal conditions, such as the blood alcohol concentration);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act; Article 32 (3) 7 and 10 of the Act on Probation, Etc.;