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

On February 8, 2020, at around 22:35, the Defendant driven a Dpoter truck with approximately 50 meters of alcohol level 0.197% under the influence of alcohol level at the second basement parking lot of Sejong Special Self-Governing City B apartment C, Dong, and 2nd underground.

Summary of Evidence

1. Examination of the suspect's interrogation of the defendant's court statement by the prosecutor (including the whole statement by the E);

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to the Act and subordinate statutes governing the reporting of circumstantial statements made by a drinking driver, the notification of the results of the regulations on drunk driving, a copy of the ledger using the drinking meters, the control records for drinking drivers, the 112 reported handling records, the vehicle-handling records, the investigation reports made on the results of the regulations on drunk driving (report on the situation of a drinking driver), the internal investigation reports (in regard to the confirmation of CCTV images), the internal investigation reports (in relation to the preparation of the report on detection of a drinking driver), the investigation reports (in response to the submission of reference data), the investigation reports (in response to the submission of reference data), and the criminal investigation reports

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crime that may cause serious damage to the life, body, and property of another person.

Although the Defendant had a record of punishment once due to drinking driving, the Defendant committed the instant crime and has a high possibility of criticism.

Since the blood alcohol concentration of the defendant at the time of the crime of this case is high, the nature and the circumstances of the crime are not less than those of the defendant.

However, the defendant shows his attitude to recognize the crime of this case and to reflect his mistake.

The distance of the defendant's driving is shorter, and there are some circumstances to consider the background leading to the defendant's committing the instant crime.

D. In the case of this case