A defendant shall be punished by imprisonment for six 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 May 10, 2019, the Defendant driven the EM5 vehicle under the influence of alcohol by 0.208% with a blood alcohol concentration of about 200 meters from the front road of the C Station located in Ansan-si, Nowon-gu, Seoul Metropolitan Government, to the front road of the Gosan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written blood alcohol appraisal, consent to and confirmation of blood collection, and written report on primary drivers;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment shall be determined as ordered by a comprehensive consideration of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance after the crime, etc., in light of the fact that blood alcohol concentration was very high at the time of the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act at the time of driving under the influence of alcohol, the fact that the Defendant recognized and reflected a criminal act.