A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 12, 2016, the Defendant driven C C in the front of the Defendant’s house located in Southern-gu, Nam-gu, Nam-gu, Seoul, with a alcohol level of 0.091%, while under the influence of alcohol level around 18:40 on December 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at the main place of business (D);

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a map at the scene of an accident and photographs at the scene of accident;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act was seven times the year in which the Defendant was sentenced to criminal punishment for traffic crimes. In particular, the Defendant was sentenced to a fine due to the suspension of the execution of imprisonment due to driving under the influence of alcohol in 2000, the suspension of the execution of imprisonment due to driving under the influence of alcohol in 204, the fine due to driving under the influence of alcohol in July 2014, and the driving without a license in November 2014.

In full view of these criminal punishment records, drinking volume, and control circumstances of the defendant, the punishment was determined as ordered.