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

The Defendant was under the influence of alcohol concentration of 0.128%, and around 00:35 October 21, 2013, the Defendant driven a C car in a section of approximately 6 km to the front road of the second Saemaeul branch of the 2nd Saemaeul-ri in the Papju City of Pakistan from the Do located in the Seodaemun-gu Seoul Metropolitan City, Yongsan-gu, Seoul Metropolitan City, to the Do located in the Do in the Papju City of Pakistan-si.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act of the option of a penalty;

2. Article 62 (1) of the Criminal Act;

3. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant committed the instant crime even though he/she had been punished several times due to drinking driving in the past, and the fact that drinking driving is dangerous to cause serious human and physical harm, is an unfavorable sentencing factor against the defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant is both aware of and against the facts charged in the instant case, the fact that there are circumstances to take into account the circumstances of drinking driving, and the fact that the defendant suffers from the hive disc.

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