A defendant shall be punished by imprisonment with prison labor 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.

Criminal facts

On September 11, 2008, the defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for the crimes of violation of the Road Traffic Act, etc. at the Goyang Branch of the Jung-gu District Court on September 11, 2008, and was sentenced to 4 months of imprisonment with prison labor for the crimes of violation of the Road Traffic Act at the Jung-gu District Court on December 22, 2008 and was sentenced to 4 months of imprisonment with prison labor for the crimes of violation of the Road Traffic Act.

On June 24, 2014, the Defendant was under the influence of alcohol with 0.120% of blood alcohol concentration at around 04:00, and the Defendant driven DK9 car at the section of about 20km from the Do before the subscription of the Council members in the city of the Gu to the roads front of the Jyang-gu Soyang-gu Soyang-gu Ho-gu Ho-si to the stroke-gu Hoon road.

Summary of Evidence

1. Statement by the defendant in court;

2. Inquiry the results of the drinking driving control;

3. Previous records of judgment: Reference records to criminal records and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act of the option of punishment;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant committed the instant crime even though he/she had been punished as a drinking driving multiple times in the past, and the fact that drinking driving is at risk of causing serious human damage due to large traffic accidents, is an element for sentencing disadvantageous to the defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes all the facts charged in the instant case and supports the wife, children, and women.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.