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 July 5, 2018, 07:20 around 07:20, the Defendant driven C in a state of alcohol alcohol concentration of about 0.214% at a section of about 1km from the roads front of the Do of the Gangwon-gun, Gangwon-do to the roads front of the Seocheon-gun, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a arrest report and a statement in the circumstances of a driver who takes drinking;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished for driving alcohol in 2004 (one time for driving alcohol in 2003 and 2004); (b) the Defendant had a record of having been punished for driving alcohol in 2015 (the crime was committed in 2014); (c) the Defendant was punished twice due to driving without a license (the first time for driving alcohol in 2004 was punished concurrently with driving alcohol in 2004); (d) the Defendant was a highly high alcohol concentration at the time of the instant crime; and (e) the Defendant was a high alcohol concentration at the time of driving in 203 and 2014, which was the blood alcohol concentration at the time of driving in 2014.

However, the fact that the defendant seems to have recognized the crime of this case and reflect on it, the crime of this case does not cause any more severe result due to a simple drinking driving, the defendant's attempt not to repeat the crime again, and the fact that the defendant has no record of criminal punishment of suspension of qualifications or more severe punishment, etc., shall be considered as factors for sentencing favorable to the defendant, and the punishment as ordered shall be determined by taking into account all other circumstances, such as the defendant's age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime, etc., which are the conditions for sentencing as shown in the argument of this case.