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

At around 17:30 on September 3, 2015, the Defendant driven a B low-speed car in the state of alcohol alcohol with approximately 0.218% alcohol concentration at approximately 150 meters from the front of the cross-fluent packing horse in Nam-gu Busan Metropolitan City to the front of the reduction point in the Namsan Agricultural Cooperative located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

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. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other factors as well as the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., the execution of the sentence is suspended only once more than that of the Defendant’s imprisonment with prison labor for a long time, but it is reasonable to order the Defendant to provide community service and to attend a compliance driving course for a certain period of time. Thus, the sentence is determined as above.

Unfavorable circumstances: The defendant's crime of this case is highly likely to be criticized because he/she committed the crime of this case without being subject to two times or more of criminal punishment for the same crime.

As the defendant was under the influence of alcohol, the risk of traffic accident was very high, and in fact there was a physical damage due to the occurrence of traffic accident.

The defendant recognized the crime of this case.

The distance of the defendant's driving is relatively short.

There shall be no history of criminal punishment heavier than suspension of qualification.