A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

On April 16, 2013, at around 21:30, the Defendant started from the 42-way in Ulsan-gu, Ulsan-gu, about 52-lane, and driven a Bpppppon car in the state of alcohol with a blood alcohol concentration of about 0.226% from a section of about 500 meters to the pre-road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and a 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. 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. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, and Article 62-2(1) of the Act on the Punishment, etc. of Probation, etc., even though the defendant was sentenced to six years of imprisonment and two years of suspended execution due to the crime of refusing to measure drinking around July 2010, the defendant committed the crime of drinking driving in this case. Moreover, there is considerable doubt about whether the defendant has shown the opening or not, and there is any question about how the defendant has the prior effect of suspended sentence.

Nevertheless, in order to give the defendant an opportunity for the last opening in consideration of the fact that the defendant is expected not to repeat again again in the future, the father of the elderly and the father of the elderly who support alone, etc., the defendant should be given an opportunity for opening to the defendant by providing him/her with an opportunity for the last opening, by providing him/her with special matters of probation, such as providing him/her with an opportunity for drinking alcohol for at least one disease per week, and faithfully responding to a probation officer's demand for a drinking test.

The suspension of execution shall be ordered on the condition of community service and education.