A defendant shall be punished by imprisonment for six 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 April 21, 2013, at around 20:20, the Defendant driven a B body-man car under the influence of alcohol content of 0.121% from the front of the commercial village hall located in the Seosan-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, the budget-based, to the front road of the Yansan-do, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Criminal Act on probation, community service, or order to attend a lecture is a dangerous crime threatening not only to themselves but also to the life and property of others. In particular, even if the Defendant had already been punished four times due to drinking or non-licensed driving, it is very serious that the Defendant has committed the instant crime for drinking driving.

However, in light of the fact that the defendant is both recognized as committing a crime and is against the mistake, personal damage or material damage has not occurred due to the drinking driving of this case, and other various circumstances, such as the defendant's family relation, age, character and conduct, and environment, the sentence identical to the order shall be determined and the execution thereof shall be suspended only once.