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

[Criminal history] The Defendant was sentenced to a suspended sentence of two years for four months on August 30, 2013 on September 7, 2013 due to a crime of driving self-driving, etc. and a crime of violating the Road Traffic Act at the Gwangju District Court on November 26, 2013.

[Criminal facts] On July 29, 2017, the Defendant driven B Masp cab while under the influence of alcohol content of about 0.176% at approximately 250 meters from the 50-way 80-dong, Gwangju, Gwangju, to the 33-dong, Pung-dong, Pung-dong, Gwangju, in light of the dong-gu, Gwangju, the Defendant driven B Masp cab while under the influence of alcohol content of about 0.176%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

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

1. The point of previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (report on the confirmation of the previous history thereof);

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;

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. In light of the fact that a person under obligation to provide community service and attend lectures has been punished four times due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and that a person under obligation to provide community service and attend lectures has been punished once due to the refusal of drinking alcohol measurement, his criminal liability

However, considering the favorable circumstances, such as the fact that the Defendant’s act reflects the Defendant’s crime, the act of driving on behalf of the driver, and the act of driving on behalf of the driver, have set up a vehicle in the vicinity of the Defendant’s home, and the act of driving on behalf of the driver, which led to the Defendant’s act of driving on drinking in this case. In addition, taking into account all the sentencing factors indicated in the instant argument, such as the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence shall be determined as per Disposition