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.

Punishment of the crime

On July 21, 2012, at around 22:13, the Defendant driven C-ro vehicle from the section of approximately 100 meters from the 444-11 in Suwon-si, Suwon-si, Suwon-si, to the road in front of 360-8, Suwon-si, Suwon-si, Suwon-si, while under the influence of alcohol of 0.245% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of the Acts and subordinate statutes of the criminal place, the report on detection of the offender, the report on the circumstantial statement of the offender driver, the investigation report (the circumstantial report of the employee), and the next time inquiry; and

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 crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. requires a serious punishment against the defendant, taking full account of the following: (a) the defendant had already been punished for driving a motor vehicle under the influence of alcohol 0.245%; (b) the defendant had already been punished for driving a motor vehicle three times under the influence of alcohol; and (c) the defendant repeated the crime of this case even though he had been sentenced to a suspended sentence of two years in six months; and (d) the degree of the defendant's drinking is not somewhat weak.

However, considering the following factors, such as the fact that the defendant led to the confession of the crime and the occurrence of traffic accidents caused by the crime of this case, and the motive, means and results of the crime of this case, the circumstances after the crime of this case, the age, character and conduct of the defendant, and family environment, the punishment against the defendant as ordered shall be determined.

It is so decided as per Disposition for the above reasons.