Text
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.
Reasons
Punishment of the crime
At around 24:00 on December 12, 2013, the Defendant driven a ice vehicle from around 3 km to the front road of the public parking lot located in the same Eup/Myeondodo, in the state of alcohol of 0.207% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. Application of Acts and subordinate statutes (Evidence No. 8 of Evidence List) to reports on drivers;
1. Relevant Article of the Act and Article 148-2 (2) 1 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 (1) of the Criminal Act to attend lectures;