The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 9, 2017, the Defendant driven a B-hand car under the influence of alcohol concentration of about 0.176% in the section of approximately 4km from the front of the restaurant of the “Gratan Gu” to the front of the road of the Nam-gu Seoul Metropolitan City, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the front of the 1stm of the Dommmn Pam Pam Pam Pam Pam Pam Pam Pam.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

D. Unfavorable circumstances: The Defendant’s blood alcohol concentration is considerably high, three times due to drinking driving, and one time due to his refusal to measure drinking (201, 2003, 2011, 201, 2012), but it is not good to repeatedly commit the instant crime.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.