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 June 17, 2018, around 00:25, the Defendant driven an Eerc-cr cruise cruise car from the front of the “C cafeteria” road located in Jongno-gu Seoul Metropolitan Government, Jongno-gu to the front road of Seongbuk-gu, Seoul, with approximately 4.8km alcohol concentration of about 0.276% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, application of Acts and subordinate statutes to a report on the detection of a driver under drinking, and a report on the detection of such driver

1. Relevant Article of the Act and Articles 148-2 (2) 1 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 suspended execution;

1. Despite the fact that an order to attend a lecture or an order to provide community service had been served twice punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, again committed the instant crime, and the drinking level is very high.

It is necessary to choose the imprisonment with prison labor because it is necessary to punish the defendant with strict penalty corresponding to it.

Provided, That the punishment shall be determined as per the order, in consideration of the fact that the defendant has not been subject to criminal punishment exceeding a fine, that raises the wife and two of the elementary school students' grandparents, that the right-hand balance is cut, that there is an obstacle to the hearing power, and that there is other conditions of sentencing under Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the defendant.