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

On April 25, 2019, at around 23:30, the Defendant driven a B Poter II cargo vehicle while under the influence of alcohol leveling 0.265% from the Japanese gambro-dong, Gwangju to the monthly intersection in the same Gu-dong.

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 and Article 59 of the Act on Probation, etc. are as follows: (a) not only caused a traffic accident but also caused a traffic accident by the Defendant’s influence of drunk driving under the influence of alcohol; and (b) the blood alcohol concentration level (0.265%) at the time is very high.

However, prior to the instant crime, it shall be considered favorable to the Defendant’s sincere life without any particular criminal record, and the fact that the Defendant seriously reflects the instant crime.

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 the crime is committed, the defendant's age, character and conduct, and the environment.