A defendant shall be punished by imprisonment with prison labor for not more than ten 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 May 6, 2016, around 13:34, the Defendant driven a B Poter cargo vehicle under the influence of alcohol content of about 0.343% in the section of about 9km from the front of the Geumdom 2 New apartment to Yangju-si 930, Yangju-si 22, Goju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

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

1. Selection of imprisonment with prison labor chosen;

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

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 had already been punished once due to a drinking driving, an escape vehicle, etc., the Defendant once again conducted a drinking driving as above, and the fact that the blood alcohol concentration is very high is disadvantageous.

However, there is no record of criminal punishment for a long time since 2004, and the sentencing conditions specified in pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined like the order, taking into account the following factors: (a) the defendant is expected to receive proof of alcohol and not to repeat a crime; (b) the defendant has no record of criminal punishment for a long time since 200