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 August 27, 2017, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.226% in the middle of about 50 meters from the 50m section of the mountain site, which was located in the 25th m, Seosan-si, Seosan-si, Seosan-si, 25thm. to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Application of the statutes of the response request for appraisal;

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. In light of the fact that the defendant was punished several times as a fine for the same kind of crime even though the reason for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, the order to attend a lecture, or the order to attend a community service order, and the order to provide community service order, and that the defendant committed the instant crime again, and that the defendant's blood alcohol concentration level at the time of driving is very high to 0.22

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant reflects the mistake, the fact that the defendant has no record of criminal punishment heavier than the suspension of execution, the age, environment, criminal records, criminal records, circumstances before and after the crime, etc.