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 September 22, 2018, the Defendant driven B Atop car under the influence of alcohol leveling to approximately 0.234% of alcohol leveling from around 650 meters to the “air transportation,” located in 318, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, the Defendant: (a) was under the influence of alcohol leveling to approximately 0.234% of alcohol level in the same Eup/Myeon; (b) was under the influence of alcohol leveling to approximately 650 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire into the circumstantial report of a driver who is placed in driving, a report on internal investigation (referring to the measurement of drinking), a report on internal investigation, and the results of crackdown on driving alcohol;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is in violation of the Road Traffic Act in 1994; the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 197 and the Road Traffic Act; the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2011 and the violation of the Road Traffic Act; and the punishment for the violation of the Road Traffic Act in 2011, even though he/she was punished for a traffic-related crime, he/she once drives alcohol again despite the majority of the records of punishment. The degree of alcohol concentration is very high at the time of the crime of this case, and the degree of alcohol concentration at the time of the previous crime is very high at 0.270% even at the time of the previous crime of causing injury to or under drinking alcohol.

However, the fact that the defendant seems to have recognized the crime of this case and reflect it, the crime of this case did not cause any more severe result due to a mere driving of drinking, and the fact that the defendant has no record of punishment other than the past criminal records, etc. shall be considered as factors for sentencing favorable to the defendant. Other conditions for sentencing specified in the argument of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.