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 this judgment becomes final and conclusive.

Punishment of the crime

On July 8, 2010, the Defendant was under the influence of violating Article 44(1) of the Road Traffic Act on at least two occasions, such as imprisonment for 8 months due to a crime including a violation of the Road Traffic Act (driving) in the Cheongju District Court’s Chungcheong Branch, etc. on two occasions, and a person who had been sentenced to a suspended sentence of two years. On June 13, 2016, the Defendant driven a B rocketing car under the influence of alcohol of 0.184% from the front parking lot of 101 Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, 101 to the front road of the entrance of the above apartment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report on the actual condition, report on the occurrence of a traffic accident, and on-site map;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. All on-site photographs;

1. Previous records before ruling: Application of inquiry reports and investigation reports, including criminal records, and 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. 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 extenuating circumstances among the reasons for sentencing);

1. The probation and community service order under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., shall be sentenced to the suspension of the execution of imprisonment with prison labor on condition that probation shall be subject to a certain period of time within the scope of the term of punishment and community service shall be subject to a discretionary mitigation and probation within the scope of the term of punishment, taking into account the following favorable circumstances: (a) the reason for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.