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

On September 20, 2012, the Defendant driven the EM5 vehicle under the influence of alcohol of approximately 0.071% alcohol concentration from approximately 200 meters from the 540-6th road in Ansan-si, Seoul-si to the 542nd road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on the Probation, etc., is deemed to have driven a vehicle while under the influence of alcohol by the defendant, and the drunk driving is a very dangerous crime that may lead to a big accident that may lead to another person's life, and the recent revision of the Road Traffic Act has greatly strengthened the punishment for the act of drunk driving as a result of the revision of the Road Traffic Act, and the defendant committed the crime of this case in the same manner, even though the defendant had already been punished once due to the refusal of alcohol measurement and twice or twice due to the drunk driving, even though he had the record of punishment for the crime of this case

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and there was no record of being sentenced to the punishment heavier than the fine, and that the distance of the defendant's drinking water at the time of driving of this case is not so high that the driving of this case is not long, the defendant should have determined the punishment as ordered against the defendant, and have suspended the execution of the punishment only once, by taking into account all the circumstances that conditions for sentencing, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc.