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.

Punishment of the crime

On May 6, 2015, the Defendant driven a motor vehicle of 1km in the section of approximately 1 km from the front side of a water reservoir at 773 square meters to the front side of the rural village in the same area of 1km under the influence of alcohol level of 0.164% among blood transfusion around 15:28 on May 6, 2015.

On May 7, 2015, the Defendant driven a three-dimensional motor vehicle at approximately 2 km away from the Do in front of the gromatic calendar in the south Sung-dong Station in the south Sung-dong Station 0.177% under the influence of alcohol during the influence of around 07:43 on May 7, 2015 to the end of the convenience point of approximately 35 meters in the direction of the same grogate.

Summary of Evidence

[2016 Highest 29]

1. Statement by the defendant in court;

1. Statement of the result of regulating the driving of drinking alcohol (2015 highest 2172);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture are as follows: (a) the Defendant was found to have driven alcohol immediately once again; (b) the blood alcohol level at the time of driving alcohol; (c) two minor children should be supported by the Defendant; (d) the Defendant was detained for about two months and reflects his/her criminal act; and (e) the Defendant’s records of punishment for drinking alcohol driving (in the event of a fine of KRW 5 million on one occasion around January, 2013), the Defendant’s age, sex, environment, health conditions, the circumstances after the crime, and all the sentencing conditions shown in the argument of the instant case, including the following: