A defendant shall be punished by imprisonment for nine 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 April 9, 2012, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (drinking driving) in the leisure support of a water source method source. On March 9, 2015, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (drinking driving) on the ground of a violation of the Road Traffic Act.

1. A thief, May 17, 2018, the Defendant: (a) while drinking together with drinking in the D “D” located in Ischeon-si, Leecheon-si; and (b) while doing a dispute with drinking, the Defendant: (c) driven the victim E, who was parked at the same time as the “D” parking lot; and (d) caused the theft by driving the F rocketing taxi owned by the victim E.

2. Around 23:50 on May 17, 2018, the Defendant driven a F rocketing taxi under the influence of alcohol content of at least 0.05% from the section of approximately 3km from the “D” parking lot located in Ischeon-si C to the math of Echeon-si to the 609-ro front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Each statement made to E, G, H, and I;

1. Investigation report (in the blood, the blood alcohol concentration formula);

1. Written inquiry about criminal history, etc.;

1. A copy of the investigation report (report accompanied by the summary order related to driving of suspect drinking) and each summary order;

1. The application of Acts and subordinate statutes to review the amount of alcohol concentration in blood at the time of driving;

1. Relevant Article 329 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, and the selection of imprisonment for a crime, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [the punishment heavier than that prescribed for larceny shall be aggravated: Provided, That the lowest sentence shall be determined for the crime of violating the Road Traffic Act (driving)];

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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, the point of view and reflection of the order to provide community service and attend lectures, the agreement with the thief victim, the drinking value and driving distance, and the contingent punishment during flight.