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 22, 2016, the Defendant driven BM5 car under the influence of alcohol with approximately 0.282% alcohol concentration from approximately 200 meters to the front road of apartment complex, from the front road of the Busan East-dong High School located in the Seo-gu, Seo-gu, Busan, Seo-gu, Busan, to the front road of the apartment complex.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking and application of Acts and subordinate statutes of a report on the circumstances of drivers;

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. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was that the Defendant had been punished for drinking driving, but again committed the instant crime, and the amount of alcohol concentration in blood is high.

However, considering that there is no record of punishment in excess of a fine, the punishment shall be determined as per the order.