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 June 4, 2014, at around 00:56, the Defendant driven a B-to-car car in the vicinity of the Jyangyang-dong No. 1, Annyang-dong, 0.214% of blood alcohol level, under the influence of alcohol level 0.214%.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the state of driving under drinking;

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 Defendant’s crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is highly high in drinking so that the offense of this case is very serious, and the Defendant has a record of having been sentenced to a fine of three million won due to drinking driving in 2011, etc. shall be selected by imprisonment.

However, it is advantageous to the fact that there is no criminal record other than the criminal record of the above drunk driving fine, the fact that the defendant confessions from the police and again makes the defendant not to commit the same mistake.

In addition, on the basis of the sentencing precedent of the same case as that of the prosecutor (one year of imprisonment) and the sentencing conditions shown in the arguments and records of the instant case, the sentence is determined as ordered and the execution of the sentence is suspended, but an order to attend the course is required to prevent recidivism.