A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 30, 2015, the Defendant driven B Poter Cargo under the influence of alcohol level of 0.202% at the front of the Agricultural and Forestry Livestock Quarantine Headquarters, which is located in the 175-ro of the Mayang-si, Annyang-si, Annyang-si, Annyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Application of Acts and subordinate statutes reporting the circumstances of drinking;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act is significantly high in alcohol level and three times of a fine due to drinking driving, and the fact that a person repeats again even though he/she received a summary order of KRW 7 million due to driving under drinking on July 3, 2013, is disadvantageous.

On the other hand, the fact that there are no criminal records above the suspension of execution, the recognition of crimes and the reflection of crimes are more favorable.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.