A defendant shall be punished by imprisonment for not more than ten 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 16, 2013, at around 10:22, the Defendant driven B car under the influence of alcohol content of 0.277% from the front road of the Suduk-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Hongsung-gun, Seoul, to the front road of the agricultural parking lot located in the upper village of Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

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 repeated in favor of the reasons for sentencing);

1. Probation, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act are dangerous crimes threatening not only to themselves but also to the life and property of others, and the criminal nature of the crime is not weak. Although the defendant has already been punished twice due to the crime of drinking alcohol driving, and even though he was punished once due to the crime of refusing to measure drinking, he again committed the crime of drinking alcohol driving in this case, and the blood alcohol concentration at the time was considerably high at 0.27%, and there is a need for a strict punishment for the defendant.

However, it appears that the defendant has recognized the crime of this case and is divided into a truth, and there is a strong awareness that he will not drive under the influence of alcohol in the future by scrapping his own vehicle, the detention of the defendant seems to entail excessive difficulty to his mother, wife, and the student's three children, and there is no criminal record exceeding the fine for the defendant, and other various circumstances such as the defendant's health status, age, character and behavior, character and environment, the sentence like the order shall be determined and the execution of the sentence shall be suspended only once.