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 March 6, 2015, the Defendant was sentenced to suspension of indictment for a violation of the Road Traffic Act (driving of alcohol) at a high-level branch office of the public prosecutor's office of the Gu government branch on March 6, 2015, and on June 9, 2016, the Defendant filed a summary order at a high-level branch office of the public prosecutor's office of the government branch and filed a petition for a violation of the Road Traffic Act (driving of alcohol) (after the above summary order became final and conclusive as a fine of five million won). On May 29, 2016, the Defendant was under the influence of alcohol level of 0.194% during blood alcohol level from May 29, 2016; the Defendant was driving a erokek vehicle from the 2km section of the Yongsan-gu Seoul Metropolitan Government to the 73rd road as Seoul Yongsan-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Green Cross.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (non-prosecution decisions and binding of indictments)-related Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act continues to drive drinking repeatedly in the last short term, the defendant's serious punishment against the defendant is necessary in light of the fact that he is under the influence of drinking on May 27, 2016, he is under the influence of drinking on May 27, 2016, again driving the instant drinking, and that the alcohol level among the blood transfusion of this case is very high to 0.194%.

However, the punishment shall be determined to suspend the execution of the above punishment in consideration of the fact that the defendant has recognized his mistake and has no record of punishment heavier than the fine.