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.

Criminal facts

At around 00:30 on December 27, 2013, the Defendant driven a B rocketing car at a distance of about 2 km from the Do in the Yongsan-gu Port, Yongsan-gu, Busan-si to the front of the “Rau Star,” which is located in the Sinsan-dong, Seoyang-si, Seoyang-si, the Defendant was under the influence of alcohol of 0.208% of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to inquire about the results of drinking 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 twice in the past due to the violation of the Road Traffic Act in the past.

On the other hand, the fact that the defendant recognized all the facts charged in the instant case is considered a favorable sentencing factor.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.