A defendant shall be punished by imprisonment for not more than ten 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 March 30, 2019, at around 02:35, the Defendant driven a Fluter car in the state of alcohol alcohol concentration of about 0.116% at the section of about 3 km from a public parking lot in front of the Cmat in Chungcheong-gun B to the front road in D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of statutes governing enforcement manuals;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

1. The sentence of the main sentence of Article 186(1) of the Criminal Procedure Act, which bears the cost of litigation, shall be selected by taking into consideration the fact that the person committed a second offense even though the person had already been convicted

However, considering that there was no history of punishment for a long time as a crime, and the blood alcohol level at the time of the crime was not high, the execution of punishment is suspended as there is room for giving the defendant an opportunity to repent last.

In addition, the punishment shall be determined as ordered in comprehensive consideration of various sentencing conditions shown in the trial process, such as the age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, etc. of the accused.