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 16, 2013, at around 20:45, the Defendant driven B cargo vehicle with blood alcohol concentration of about 0.239% in the direction of litigation from the Cerpusus, in the direction of lawsuit, at approximately 500 meters before the Nampo-si, Nampo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to reports on the results of the drinking driving control and the circumstantial statement of a drunk;

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 (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, despite the fact that the defendant had already been punished once for the same kind of crime, and the blood alcohol concentration at the time of the crime of this case was considerably high by 0.239%, and the drinking driving is a dangerous crime threatening not only to himself but also to an unspecified number of life and property, and the nature of the crime is serious. In light of the above, it is necessary to punish the defendant strictly.

However, the execution of imprisonment is suspended only once, taking into account the following circumstances: (a) the Defendant appears to have led to the confession of the instant crime and reflectiveness of the Defendant; (b) the Defendant did not have any other criminal record except a minor fine due to drinking driving once; (c) the detention of the two children who have been placed in the custody of the Defendant is likely to cause considerable difficulties in living; (d) the distance of the Defendant driving the instant crime was very short at the time of the instant crime; and (e) the Defendant’s age, character and conduct, and family relationship, which are conditions for sentencing specified in the instant case; and (e) the Defendant has been given the opportunity to perceive and self-confisciate the importance