A defendant shall be punished by imprisonment for not more than ten 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 December 4, 2008, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic law in the support for the safeness and childbirth of a water source method, etc. on December 4, 2008. On July 22, 2015, the Defendant was sentenced to a summary order of 3 million won as a crime of violating road traffic law in the same court.

On February 26, 2017, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.218% from the 50-meter section around the 114 banking road located in the same Dong from the front side of the 114-be restaurant of the Republic of Korea to the road front of the real estate in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking and the circumstantial report on the driver of drinking;

1. Previous convictions: Application of the provisions of Part IV, such as a reply to inquiries, such as criminal history, report of investigation (Attachment of criminal suspects' previous convictions and written judgments), and text of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (i.e., selection of punishment by imprisonment, the record of previous punishment, the numerical value of alcohol in blood, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., the point in depth) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that a person was punished as a suspended sentence due to drinking, etc. in 199 and 2008, but has no particular record of force in addition to punishment once of a fine within the last five years);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;