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 October 14, 2018, the Defendant driven a B Spo-type car under the influence of alcohol content of about 0.386% in the front of the new apartment site located in the Do located in the Busan Shipping Daegu return Do, Busan, and as long as the Defendant was located in the tea of the captain of the Busan-gun, the Defendant driven a B Spo-type car under the influence of alcohol content of about 5km at around 0.386% in front of the fixed apartment site.

Summary of Evidence

1. Statement by the defendant in court;

1. Detailed statement reports, investigation reports (report on the circumstances of the driver in charge of driving), inquiry into the results of crackdown on drinking driving, and application of Acts and subordinate statutes to report on investigation;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture and the order to provide community service order shall be determined by taking into account all of the sentencing conditions, such as the Defendant’s criminal history, alcohol concentration level, age, environment, sexual behavior, the circumstances and result of the instant crime, etc., and the circumstances after the instant crime.