A defendant shall be punished by imprisonment 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 August 27, 2014, at around 21:05, the Defendant driven B Poter cargo with a blood alcohol concentration of 0.220% in front of the horse race track in the same Dong, even before the place of business in Sampo Village located in Sejong-si, Samcheon-si. The Defendant driven B Poter truck with a alcohol level of 0.220%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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 consideration shall be made again for the reason of sentencing);

1. The Defendant’s crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is extremely high so that the crime of this case is not less vulnerable to the nature of the crime. Considering that the Defendant, prior to the instant crime, was under the influence of drinking alcohol level of 0.142% on August 25, 2014, he/she re-driving, even though he/she had been under the influence of drinking alcohol level of 0.142% on the part of

Provided, That it shall be considered that the defendant has no criminal record or heavier than the suspension of execution, and the confession of the crime is favorable.

In this context, based on the prosecutor’s sentence of the same kind of case (one year of imprisonment) and the sentencing conditions specified in the present case’s arguments and records, the execution of the sentence is suspended as indicated in the disposition, but the community service order and the lecture order are attached to prevent recidivism.