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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 29, 2017, the Defendant driven D classing vehicles with alcohol concentration of about 500 meters from around September 23:38, 2017 to around the west-gu branch of the Saemaul Treasury located in the same Gu Culture Complex, from around the 500-meter section, while under the influence of alcohol level of 0.11%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Although the reason for sentencing under Article 62(1) of the Criminal Act on February 2005 and around June 2014 of the Act on the Suspension of Execution, even though there was a record of punishment of each fine due to driving of drinking alcohol, the crime liability is not exceptionally imposed in light of the fact that the act of driving alcohol in this case was committed.

However, considering the favorable circumstances that the defendant reflects the crime, and that there is no record of crime exceeding the fine due to drinking driving, etc., the punishment as ordered shall be determined by taking into account all the sentencing factors shown in the pleadings of the case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.