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

At around 04:00 on August 8, 2012, the Defendant driven a vehicle for riding B lele while under the influence of approximately 10m alcohol concentration of about 0.245% in front of the National Agricultural Cooperative Federation located in the same Dong and Dong, as the Defendant was under the influence of alcohol of about 10m alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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 on the suspension of execution;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. provides that the current Road Traffic Act provides that the defendant shall be punished more strictly according to the blood alcohol concentration for the purpose of preventing the drunk driving threatening to the safety of road traffic and overcoming the awareness of such influence, and considering the fact that the blood alcohol concentration of the defendant is very high than 0.245% and that the defendant had a previous record of the five-time drunk driving, there is a need for strict punishment.

However, the defendant's confession of his/her crime and the fact that the distance of actual driving is shorter than that of the defendant is favorable to the defendant. In addition, the defendant's age, character and behavior, family environment, and circumstances after the crime, which are conditions for sentencing as shown in the argument of this case, shall be determined as per the order in consideration of various circumstances.

It is so decided as per Disposition for the above reasons.