A defendant shall be punished by imprisonment for not more than ten 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 September 9, 2017, while the Defendant was under the influence of alcohol content of 0.214% during blood transfusion, the Defendant driven a B rocketing car from the road of Yongsan-gu Seoul Metropolitan Government to the road of 172, Yongsan-gu, Taewon-ro, Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a notice of the result of regulating the driving of alcohol and a statement in the circumstances of drivers;

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. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the execution of imprisonment shall be suspended in consideration of the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, sex behavior, environment, motive for committing the crime, and circumstances after committing the crime, and the protection and observation for the prevention of recidivism and the order to attend a compliance driving lecture shall be ordered.

O drinking is likely to lead to a traffic accident if a person drives a drinking by affecting his/her physical ability, and the defendant caused a minor traffic accident while driving a drinking, and the risk of drinking driving was realized.

O On August 28, 2017, the Defendant driven under the influence of alcohol at around 06:50, the alcohol concentration of 0.198% during blood. Before the lapse of one month, the Defendant again driven under the influence of alcohol and thus, the Defendant has a very lack of awareness of driving under the influence of alcohol.

O The degree of the defendant's primary operation is much more serious than the standard of general exploitation.

O. However, the defendant does not commit a second offense against the crime of this case, and there is no other criminal record except the punishment records for drinking driving.