A defendant shall be punished by imprisonment with prison labor for not more than ten 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 March 25, 2020, at around 00:05, the Defendant driven a motor vehicle owned by the Defendant under the influence of alcohol leveling 0.121% of blood alcohol level from the 1.5km section from the south-si apartment to the front road of the “D” located in the Nam-si, Namwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Application of statutes on field photographs;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

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 not more than ten months, the suspension of execution of not less than two years, taking into account the following circumstances, and taking into account the defendant's age, environment, motive for committing a crime, blood alcohol density, driving distance, and circumstances after committing a crime, the punishment shall be determined as ordered by taking into account various factors of sentencing as shown in the arguments

[Unfavorable Circumstances] The drinking driving of a motor vehicle needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

Even though the Defendant had been punished once due to drinking driving, the Defendant committed the instant crime.

The risk of drinking driving was realized as the defendant caused a traffic accident involving physical damage.

The defendant, upon receiving a report, takes a bath to the police officer, etc., and then is not good enough to commit the crime.

Defendant has been punished several times for crimes such as assault and violence committed under the influence of alcohol, as well as drunk crimes.

[Ligue circumstances] The defendant's mistake.