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 January 19, 2019, at around 17:49, the Defendant driven an Eland for Lone Star Co., Ltd., while under the influence of alcohol concentration of approximately 0.104% from the section of about 3 km from the front of Suwon City B to the front of D, located in Suwon-si C.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report and circumstantial statement report of an employer-employed driver;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of the investigation report (official application of the Radmark);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service committed a second offense despite the fact that the defendant had been punished twice for the same kind of crime, the traffic accident due to the driving of the instant case caused the traffic accident, and the fact that the blood alcohol concentration is not low is disadvantageous to the defendant.

On the other hand, it is decided as per Disposition in full view of the circumstances favorable to the defendant, and all the circumstances shown in the records of this case, such as the fact that the defendant recognized the crime, there is no history of punishment heavier than a fine due to the same kind of crime, the occurrence of human life damage due to the above traffic accident, and the fact that the defendant'