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 July 12, 2016, around 23:31, the Defendant driven a spke car under the influence of alcohol of approximately 0.260% of alcohol concentration at approximately 3km from the 3km section to the front road of the Do farm station located in the same city and Do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The application of Acts and subordinate statutes to each blood alcohol concentration appraisal request, appraisal request, and blood alcohol appraisal report;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was sentenced to a summary order of KRW 2 million for the crime of violating the Road Traffic Act on October 14, 2005. The defendant committed the crime of this case by driving under the influence of alcohol in October, 2006, even though he had been sentenced to a suspended sentence of two years for the same crime on August 24, 2006. The defendant committed the crime of this case by driving under the influence of alcohol, and the blood alcohol concentration ratio of the defendant at the time of the crime of this case is very high to 0.260%.

However, in light of the fact that the defendant led to the crime of this case, the immediately preceding crime was committed prior to about 10 years, the sentencing example in similar cases, and the defendant's age, character and conduct, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.