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

On June 9, 2019, at around 20:36, the Defendant driven a F-to-purd vehicle in the state of alcohol alcohol concentration of about 400 meters from a section of about 400 meters, up to the direction of “E” located in “E” located in “E” located in the Southern-si B, Namwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. A traffic accident report, on-site inspection report, field photographs, etc.;

1. Notification of the results of the control of drinking driving and application of Acts and subordinate statutes to investigation reports (report on the circumstances of drinking drivers);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to six months from one year and six months;

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: Imprisonment with prison labor for 10 months, suspended sentence for 2 years and the following circumstances shall be taken into consideration, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered.

[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.

Even though the defendant had been punished once for the same crime, the defendant committed the crime of this case.

At the time of the instant crime, the Defendant’s blood alcohol concentration was very high, and the occurrence of a traffic accident that shocks the vehicles parked by the instant crime, thereby risking drinking driving.