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 February 22, 2019, at around 20:45, the Defendant driven a 300-meter CM5 car from a Do where it is impossible to identify the parcel number located in the water sking-dong at the time of Silung-si to B B before Silung-si, under the influence of alcohol with the blood alcohol concentration of 0.108%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019);

1. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, such as the accused's criminal records, blood alcohol concentration level, driving distance, etc., as the grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the accused's mistake;