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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 1, 2018, around 00:51, the Defendant driven B rocketing car under the influence of alcohol content of 0.202% from the 18km section of approximately 18km to the point of 1km from the Goyang-gu, Mapo-gu, Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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. 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on July 10, 2017: (a) even if the Defendant received a summary order of KRW 1.5 million due to drinking driving on July 10, 2017, recidivism was conducted only for seven months, and the occurrence of a traffic accident due to driving under the instant drinking, resulting in danger on the road; and (b) the amount of alcohol concentration at the time of blood was extremely high to 0.202%, which is disadvantageous to the Defendant.

However, considering the favorable circumstances that the defendant's mistake recognized and reflects the defendant's mistake, there is no particular criminal history except for the defendant who has been punished twice by a fine, and that the defendant again does not drive drinking again, the defendant's age, sexual behavior, environment, etc., and other factors of sentencing as shown in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., shall be considered and the sentence shall be determined as ordered.