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

around 02:00 on May 11, 2019, the Defendant driven C’s car under the influence of alcohol concentration of about 0.168% in the 7km section from the 7km road in South Won-si to the 7km village in South Won-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Application of the practical survey report, field photographs statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of applicable sentences under law: Imprisonment for six months to one year; and

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply since they are offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Determination of sentence: Imprisonment with prison labor for 8 months, probation for 2 years following the suspension of execution, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, etc.

[Unfavorable Circumstances] The drinking driving of a motor vehicle needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

The defendant has been punished once for the same crime, and has been punished several times for traffic-related crimes, but he also committed the crime of this case.

Defendant is driving a stroke in a state of drinking.

The danger of drinking driving was realized by shocking vehicles parked in the central line.

【Lied circumstances】 However, the defendant recognizes his crime.

In addition, human damage did not occur due to the instant crime.