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 this judgment becomes final and conclusive.

Criminal facts

On February 18, 2015, at around 21:40, the Defendant driven a Hegel car at the 1km section of approximately 0.206% of blood alcohol concentration from around 1km to the front road of the Japanese frequency located in the Sinnam-Eup, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 51 of the Criminal Act, such as the fact that the Defendant’s blood alcohol concentration is very high for the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant’s previous convictions are imposed several times for the same kind of crime, reflects the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., shall be taken into account and the sentence against the Defendant is determined and the order to provide community service and attend lectures shall be added as a result of reflect and reflect