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

At around 22:00 on June 14, 2018, the Defendant driven a Drocketing car under the influence of alcohol level of 0.255% in the influence from the French-gu Seoul Metropolitan Government Fcheon-dong to the front intersection of C elementary school located in Hanam-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's statement concerning E;

1. Each police statement of E and F;

1. Each report on investigation;

1. Traffic accident report, on-site photograph, report on detection of a drinking driver, statement on the status of a drinking driver, and the register of users of a drinking estimator;

1. The application of Acts and subordinate statutes governing the register of driver's licenses for each motor vehicle, chassis and mandatory insurance;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Sep. 28, 2018);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The normal drinking operation disadvantageous to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only a crime that may pose a danger to traffic order by itself, but also cause serious personal and material damage, such as the occurrence of traffic accidents.

In 2013, the Defendant again committed the instant crime of drunk driving even though he had been punished by a fine due to drinking driving.

At the time of the instant crime, the Defendant’s blood alcohol concentration is very high, and the Defendant actually fell into other vehicles.

As the favorable normal defendant has reached this court, it appears that he recognizes his criminal liability and reflects on it.

In addition, various circumstances, such as the motive, means and consequence of the crime, the character, conduct and environment of the defendant, and the progress of the situation before and after the crime, are considered as ordered.