A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On March 22, 2014, the Defendant, while under the influence of alcohol of 0.21% of blood alcohol concentration on March 16:40, 201, driven BS (SM)-5 automobiles within approximately 20 kilometers from the 152, Y2, Seo-dong, Seo-gu, Incheon to the road near the 152, Seo-gu, Seo-gu, Incheon to the 77 Modong-gu, Jungdong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving under drinking, the results of the control of driving under drinking, and the reports on the state of standing of drivers under drinking;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for eight months, suspended execution two years, community service, 80 hours, 40 hours attending the lecture [fluence] Defendant’s reflect [fluence] of the high blood alcohol concentration and driving distance of the instant case, fine of one million won for the same crime on September 13, 2001, fine of two million won for the same crime on February 18, 2008, and fine of two million won for the same crime on August 23, 201, and records of having been issued as a summary order on the same crime on August 23, 201 (after the accident, the Defendant calculated as 0.64% of blood alcohol concentration and received suspension of indictment as a result of the application of the above mark to deduct this (after the accident, the Defendant was punished for two times of suspended execution, such as violation of the Road Traffic Accident Treatment Act).