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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On July 31, 2017, the Defendant driven D rocketing car under the influence of alcohol leveling 0.163% from the 2km section from the Defendant’s residential area located in Jeong-Eup, Si, Si, Jeong-si to the 3rd-ro of Man-si, Si, Si, Si, Seo-Eup to the 248.

2. On July 31, 2017, around 10:10 on July 31, 2017, the Defendant re-driving the said car under the influence of alcohol level of about 0.196% during blood at a distance of about 6 km from the Samman Village to the roads before the station patrol box located in the Si/Yan-Eup branch.

Summary of Evidence

1. Statement by the defendant in court;

1. The notification of the results of regulating driving of drinking and the application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Act, the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc. has caused a traffic accident while driving a vehicle in a drinking condition. Nevertheless, the reason for sentencing that the defendant is disadvantageous to the defendant, such as the fact that the defendant was sentenced once to a fine due to drinking, and that the defendant had a record of being sentenced once due to driving under drinking, etc., the crime committed in the state of drinking, and that the defendant reflects the defendant's intention and wrong when committing the crime, the conditions for sentencing favorable to the defendant, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after committing the crime, etc., shall be determined as follows: (a) the sentencing conditions that are favorable to the defendant; (b) the defendant is driving; and (c) there is no record of the crime exceeding a fine.