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

On October 20, 2019, around 01:40 on October 20, 2019, the Defendant driven an Efranchising car under the influence of alcohol concentration of approximately 0.215% at the section of approximately 1.5km in front of the “D convenience store” located in the Incheon City B apartment parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident site;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Application of Acts and subordinate statutes to a written appraisal of blood alcohol and a notification of the result of drinking driving control (the result of blood alcohol appraisal);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: A traffic accident was caused by heavy damage during drinking.

Blood alcohol concentration is very high.

The favorable circumstances: The mistake is recognized and reflected.