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 December 18, 2016, at around 18:45, the Defendant driven a car in the B Coke even under the influence of alcohol concentration of approximately 0.310 percent from a section of approximately 1 kilometer from the front of the Yak Studio in Pyeongtaek-si dong to about 18:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of the circumstantial report on the situation of the driver involved and the response statute requested for appraisal;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Unfavorable circumstances: The fact that the level of drinking in this case is very high and there was a risk of causing a big accident, such as destroying street lights due to driving under drinking;

2. favorable circumstances: The fact that a person recognizes and reflects a crime, the record of punishment for driving under drinking is only once (2014 fines) and there is no record of punishment exceeding fines, etc.;

3. The execution of imprisonment with prison labor is suspended in addition to a community service work as ordered by comprehensively considering all the sentencing conditions prescribed in Article 51 of the Criminal Act in each of the above circumstances.