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 26, 2018, around 00:42, the Defendant driven a BS-type car under the influence of alcohol concentration of about 0.245% from the section of approximately 100 meters to the front of the “New Fastst” road located in 13, a 301 U.S.-ro 13, U.S., Seo-gu, Incheon, U.S., Manan-ro, 301, at the same time, from the front of the “dialog elementary school” road located in 18-1, U.S., 337, 337.

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 notifying the result 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. 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a situation unfavorable to the defendant, such as the defendant's operating of a vehicle while under the influence of alcohol by 0.245%, in view of the blood alcohol concentration in the blood, the liability for the crime is not easy, and the defendant previously had the record of criminal punishment for driving under the influence of alcohol, and the defendant caused a traffic accident that entails physical damage while driving under the influence of alcohol.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no record of criminal punishment exceeding the fine due to driving of drinking prior to, and again, he does not drive drinking again.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.