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 January 7, 2009, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court on July 6, 2009, and was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on July 6, 2009, and was sentenced to a fine of two million won by a fine at the Changwon District Court on April 26, 2010. On February 18, 2011, the Defendant was sentenced to a suspended sentence of six months and two years for a violation of the Road Traffic Act (driving) at the Changwon District Court on February 18, 201.

On April 2, 2015, at around 23:15, the Defendant driven a motor vehicle B under the influence of alcohol level of about 0.109% in blood alcohol level on the road of about 1km from the 2286-road to the lower side of the bridge Kimhae-si, Kimhae-si, in front of the cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a person who violates the Road Traffic Act, reporting on the status of driving under the influence of alcohol, and inquiry into the results of the regulation of driving under the influence of alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and 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, for the reason of sentencing under Article 62-2 of the Criminal Act, committed the instant crime even though he had a record of being sentenced to suspended sentence due to the crime of violation of the Road Traffic Act, as stated in the facts constituting the crime, considering the following: (a) the Defendant committed the instant crime; (b) the blood alcohol concentration high at the time of driving under the influence of alcohol; and (c) the Defendant’s act of refusing to sign and seal the report on the circumstantial statement of the drinking driver while taking a desire to the control police officer; and (d) the circumstances after the crime are not good.

(b).