A defendant shall be punished by imprisonment for 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 December 24, 2012, the Defendant, while under the influence of alcohol 0.205% of alcohol level around 23:10 on December 24, 2012, 201, driven the B-learning passenger car and proceeded about 2 km from the front of the mutually unfluent drinking house located in Gwangju Northern-dong to the road located in the same 821-11, 200.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

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. 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, Article 59 of the Act on Probation, etc. is that the defendant driven a motor vehicle in a very high drinking level of 0.205% of blood alcohol level, and the defendant repeated the crime of this case even though he had been punished four times due to the crime of drinking driving like the crime of this case, the crime of this case, which is the same kind as the crime of this case. However, the defendant seems to require strict punishment against the defendant. However, although the defendant was punished eight times, a fine was imposed for the same offense, but there was no criminal record other than the above fine of the same kind, but for the same offense, there was no criminal record other than the above fine of the same kind, and the execution of the sentence is suspended within the scope of discretionary mitigation, and the defendant must take into account the motive, means and result of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, family environment, etc., within the scope of discretionary mitigation and suspend the execution of the sentence.