A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant was under the influence of alcohol content 0.218% on June 16, 2014, and around 00:15 on June 16, 2014, 200: (a) the Defendant driven a B-in car at approximately 4km from the front road of the apartment complex of the Yama Village 4 which is located in the Yadong-dong, Yongsan-gu, Yongsan-gu, Yongsan-gu, Busan Metropolitan City, to the front road of the apartment complex of about 5km in the Goyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 148-2 (2) 1, and 44 (1) of the Road Traffic Act;

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

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

4. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had been punished for drinking driving once in the past, and the drinking driving is likely to cause serious human damage by causing large traffic accidents, etc., which are disadvantageous to the Defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes all the facts charged in the instant case and supports the wife and children.

Furthermore, the sentencing data, such as the age, character, environment, and criminal record of the defendant, were taken into consideration equally.