A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 20, 2018, the Defendant driven a B-car under the influence of alcohol content of about 1k from the front of the house of a Buddhist winner, who was in the B-dong of Daejeon Seo-gu, Daejeon, to the front of the G-gu, Seodong-gu, Daejeon, the Defendant driven a B-car under the influence of alcohol content of about 0.117% from a section of approximately 1km from the front of the house of a Buddhist winner, who was in the B-dong of Daejeon to the front of the G-gu, Daejeon

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, the statement of the situation of the driver of drinking alcohol and the application of Acts and subordinate statutes to report on investigation (report on the situation of the driver

1. Relevant legal provisions, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), and the choice of imprisonment with prison labor for criminal facts;

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, including an order to attend a lecture and an order to observe the protection, have the record of being punished three times a drinking driver or two times a licenseless driver even before the sentencing is completed.

Although there is room for the defendant to be diversified, the punishment as ordered shall be determined by taking into account all factors of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, family relationship, circumstances in which the defendant was driven, and the time interval between drinking driving in the past and driving without the driver's license, etc., even though the traffic accident is not accompanied, it is against the defendant.