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

[criminal history] On August 4, 2011, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court, and on May 11, 2012, the Defendant was sentenced to imprisonment with prison labor for three years and six months for the same crime in the same court.

[2] On March 26, 2018, the Defendant: (a) was a person who violated the drinking prohibition provision on two or more occasions; (b) was driving a C low-speed motor vehicle under the influence of alcohol content 0.104% while under the influence of alcohol in the influence of alcohol at approximately 300 meters from the front day of the luminous-ro 52-ro, a luminous-ro from the front day of the luminous-ro, Namyang-si, Namyang-si, a luminous-ro, a luminous-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, copy of the summary order, and application of the statutes governing the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Period of punishment by law: Imprisonment with prison labor for a period of six months to one year and six months;

2. Determination of sentence: A sentence of imprisonment with prison labor for 8 months and for 2 years of suspended sentence, despite the fact that the defendant had been punished for driving under drinking (3 times of punishment), and that the defendant again committed the crime of this case is disadvantageous.

The fact that the defendant is mistakenly recognized and reflects the fact that the defendant is supporting the mother whose health condition is not good is favorable to the defendant shall be considered in consideration of the circumstances favorable to the defendant, and the defendant's age, sex, living environment, blood alcohol concentration, distance from driving alcohol, motive and circumstances of the crime, circumstances after the crime, and other factors of sentencing specified in the arguments shall be determined as ordered.