A defendant shall be punished by imprisonment for not less than five 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 22, 2017, the Defendant driven Bhoer XG car under the influence of alcohol content of approximately 0.071% from the 150-meter section to the Hano Samsung F&M road located in the 825-gil, as in the direction of the 825-gil, according to the direction of the Gwangju Mine, from around 22:08 to around 832, the Defendant driven Bhoer XG car under the influence of alcohol content of blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant committed the instant crime even when he was sentenced to a suspended sentence of imprisonment for the year 2001, 2004, 2006, and 2008 due to drinking, and the Defendant again committed the instant crime even when he was sentenced to a suspended sentence of imprisonment for the year 2008.

(b) favorable conditions: The fact that the Defendant recognized the instant crime and reflects his mistake, that the Defendant’s blood alcohol concentration was not significantly high, and that it seems that he was not driving a drinking for about nine years after 2008.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.