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

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

Punishment of the crime

On October 23, 2020, the Defendant driven a 2 km truck with a alcohol level of 0.190% in alcohol level of 0.190%, while under the influence of alcohol level of 0.190%, from the 18:05, Southern-si, west-ro 96, west-ro, Namwon-si, Namwon-si to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Application of the Acts and subordinate statutes to make an investigation report and notification of the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity (hereinafter “the grounds for sentencing”)

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for sentencing”), whichever is favorable, is considered as follows.

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six months to one year;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for 8 months, probation for 2 years following the suspension of execution, taking into account the following circumstances, and taking into account the defendant's age, sex, environment, motive for committing a crime, driving distance of alcohol, degree of alcohol concentration in blood, circumstances after committing a crime, and other factors of sentencing as ordered.

[Unfavorable circumstances] The driving of drinking is likely to cause serious damage to another person's life, body, or property, and there is a need to strictly punish such a crime.

Although the defendant has been punished for the same crime, he also committed a crime.

The risk of drinking driving was realized by inducing a prior vehicle accident by the defendant.

[ favorable circumstances] The defendant's mistake is recognized.

There was no particular personal injury due to the instant crime.

There is no history of criminal punishment against the defendant after 2006.

The financial situation of the defendant is not good, and the health condition is not good.