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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On October 2, 2006, the Defendant has violated Article 44(1) of the Road Traffic Act by driving a vehicle while under the influence of alcohol by 0.122%, and driving a vehicle under the influence of alcohol by 0.094% on or around the 31st day of the same month, such as driving a vehicle under the influence of alcohol by 0.094%.

On August 12, 2016, at around 21:21, the Defendant driven a motor vehicle B with the low alcohol level of 0.093% under the influence of alcohol at approximately 100 meters from the front line of the Viennap, Nanyang-gun, Nanyang-gun, Nanyang-gun, to the same hivers of the Ri.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The sentencing of Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, the driving distance, blood alcohol concentration, and other criminal defendant's age, character and behavior, environment, health conditions, circumstances after the crime, etc., and all the sentencing conditions specified in the arguments of this case, including the defendant's records of punishment for drunk driving (including one sentence from 2004 to 2007 only once), driving distance, blood alcohol concentration, and the sentence as ordered.