A defendant shall be punished by imprisonment with prison labor for up to 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 April 5, 2016, 00:52 Gyeonggi-do, driving a B-owned vehicle under the influence of alcohol 0.122% of blood alcohol concentration at 0.122% at the front entrance of the 1790-1 Young Jin apartment site in Chungcheongnam-si, Namyang-si, Namyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report the state of driving under the influence of alcohol and to notify the results of drinking control;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act is a convenient means of transportation. However, since it is a dangerous article that can be inferred by a dangerous weapon, a person who operates an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

Although the Defendant was punished several times due to drinking driving, refusal of drinking, etc., the Defendant again carried out drinking driving in this case.

However, the sentencing conditions shown in pleadings, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., are taken into account and against the defendant's mistake, and there is no record of criminal punishment for a long time since 2009, and the punishment as ordered shall be determined by taking into account the sentencing conditions shown in arguments, such as the circumstances after the crime.