A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

At around 19:40 on May 23, 2019, the Defendant driven the EMW car at approximately 200 meters from the front of the C cafeteria located in Yong-gun, Namnam-gun, to D while under the influence of alcohol of 0.21% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant legal provisions and Articles 148-2(2)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order of Education, and Article 59 of the Act on the Probation, etc., are to select imprisonment in that the Defendant, despite the fact that the Defendant had already been punished for drinking driving, was engaged in drinking

However, it is advantageous to the fact that only the accused has been punished twice, that there is no record of punishment for drunk driving since 2009, and that the accused is willing not to drive under the influence of alcohol again while resisting the truth of the crime of this case.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after committing the crime, the defendant's age, character and conduct, and the environment.