A defendant shall be punished by imprisonment for not less than eight 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

On March 27, 2018, the Defendant driven C observer-gun, Seoul Special Metropolitan City, Chungcheongnam-do, Seoul Special Metropolitan City on March 27, 2018, while under the influence of alcohol content of approximately 0.237% from a section of approximately 250 meters to the original road at the entrance of the monthly library located in the same Eup/Myeon located in the same Eup/Myeon from the front road of the construction site of the Godong-gu Special Metropolitan City to the original road.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of liquor, notification on the results of crackdown on driving under drinking, and application of Acts and subordinate statutes of the next time

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sex, motive, means and consequence of the crime, and all sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: Considering the fact that the Defendant had been sentenced four times to a fine due to drinking or refusal to take a drinking alcohol test, the Defendant again committed the instant crime, and that the Defendant had a high level of driving at the time of driving, etc.: Taking into account the fact that the Defendant recognized all the instant crimes, divided and reflected his mistake, and sold the Defendant’s vehicle while the Defendant did not repeat the crime.