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 October 4, 2016, the Defendant driven a B-L car under the influence of alcohol level of about 0.108% while under the influence of alcohol level of about 50 meters at a section of about 50 meters from the front of a mutually influent restaurant located in the Yacheon-si, Yacheon-si, Yacheon-si to the front of the Gwangju Bank located in the same direction of the same city.

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 to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The punishment to prevent recidivism shall be determined by comprehensively taking account of the circumstances favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and reflects the reasons for sentencing under Article 62-2(1) and (2) of the Social Service Order Act, and the fact that the Defendant could have the same criminal records, the circumstances unfavorable to the Defendant at the time of the instant crime, and other conditions of the Defendant’s blood alcohol concentration, drinking distance, and all other conditions of sentencing at the time of the instant crime.