A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 1, 2017, under the influence of alcohol content 0.138% in blood around 11:05, the Defendant driven a DNA car with a alcohol content 0.138%, and proceeded with a section of about 3 km from the Do in front of the Yacheon Bacheon Bathing Beach-si to the Yacheon Don National Highway of the same city.

Summary of Evidence

1. The defendant's legal statement (the fourth public trial date);

1. Each legal statement of witness E and F;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Order to Attend Education Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act is that when the defendant drives a motor vehicle in the instant case under the influence of alcohol in spite of three times of the same criminal records, the nature of the crime is not good, and it is also good that the circumstances after the crime are committed by disputing the accuracy of alcohol concentration during the period of investigation and trial without any reasonable grounds.

Although it is difficult to see that the defendant's previous drinking is the same as the previous drinking, and has been driving, it seems that the defendant made a mistake on the grounds that the previous drinking was changed, the charges of this case were divided on the last trial date, the violation of other traffic-related Acts and subordinate statutes, the recent 10 years or more, the case was not punished for the same crime, the case was retired from the workplace due to the recent 10 years or more, the case was retired from the workplace, the last 10 years later, the case did not repeat again, such as selling the vehicle in possession, and all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, etc., shall be considered and sentenced to punishment as above.