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 April 28, 2015, at around 18:20, the Defendant driven Cone Star Motor Vehicle under the influence of alcohol content of about 0.321% from around 100 meters to the front road of 1151-1, Sungnam-gu, Sungnam-gu, Sungnam-gu, 1151-1, and from about 100 meters to the front road of 1149.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;

1. Application of the report on the occurrence of a traffic accident and statutes governing field photographs;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order requires strict punishment for the defendant, considering the fact that the defendant driven the vehicle of this case in the state of his own significant drinking, and in particular, the defendant was sentenced two times or a suspended sentence due to the same kind of mistake. However, the defendant recognized the facts charged in this case and reflects his mistake, the defendant did not have been punished due to drinking driving after 2008, and other circumstances shown in the records, such as the defendant's age, character and behavior, family environment, the execution of imprisonment is suspended at once on condition of community service order.