A defendant shall be punished by imprisonment with prison labor for up to six 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 February 12, 2018, the Defendant driven BMW car under the influence of 0.193% alcohol concentration in blood, with a distance equivalent to about 3km from the front of the light apartment road located in the 4-dong, Sungnam-si, Sinnam-si, Seoul, to the front of the 171-ro, which is located in the same Jungwon-gu, Jungwon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on driving drinking, on-site photographs, and application of statutes on related vehicles;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - Nine months of imprisonment;

2. Determination - Imprisonment shall be selected in consideration of six months of imprisonment, two years of probation, the defendant's history of drinking or his/her refusal to make a drinking or drinking, and the degree of alcohol concentration in the blood of this case.

However, considering the favorable circumstances, such as the defendant's confession, and the fact that there is no record of the same kind of crime exceeding the fine, etc., the punishment should be determined and the execution of the punishment should be suspended by taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. and the various sentencing conditions under Article 51 of the Criminal Act as shown in the records and arguments.