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

On February 1, 2019, at around 01:08, the Defendant driven a Fi40-car under the influence of alcohol leveling 0.269%, from the front road in Yansan-gu B, Seoul to the front road in the same Gu EM in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the traffic accident inspection report, notification on the results of the regulation of drinking driving, and the report on the state of drinking drivers;

1. Relevant Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order was that the defendant was punished once for drinking driving in May, 2012, and driving under the influence of alcohol again.

Considering the fact that the defendant was insignificant while driving alcohol, but he caused a shock accident to pedestrians, and that drinking alcohol is very high, it is necessary to punish the defendant strictly.

However, considering favorable circumstances, such as the fact that the defendant does not commit a second offense, that the defendant has no record of criminal punishment other than the above criminal records, that the defendant must support a minor's child, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.