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

At around 01:40 on July 20, 2020, the Defendant driven a DNA-learning car owned by the Defendant under the influence of alcohol concentration of approximately 0.228% from the 1km section from the roads adjacent to the Seo-dong Seodongwon in Yangju-si to the roads in front of the C in Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The Defendant’s blood alcohol concentration at the time of the instant case is 0.228% for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended execution.

In addition, while the defendant was driving under the above conditions, there was an accident that shocks fences installed in the central separation zone and India.

It is not good that the crimes of defendants are committed.

However, considering the fact that the defendant was the first offender who had no record of criminal punishment prior to the crime of this case, and that it is difficult to pay a high-amount fine due to the lack of economic circumstances.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.