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 October 27, 2018, at around 19:15, the Defendant driven a DNA cruise car under the influence of alcohol content of 0.232% at a section of approximately 0.6 km near a restaurant in the name of “C” located in Daegu Suwon-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the circumstantial statements of a drinking driver, and the control of drinking driving;

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

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

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 Act is that the Defendant committed the instant crime even though he had the record of criminal punishment once due to the violation of the Road Traffic Act. At the time of the instant crime, the blood alcohol concentration is very high to 0.232% at the time of the instant crime, and there are no circumstances to be particularly considered in the circumstances leading up to the Defendant being driven at the time of the instant crime, and driving under the influence of alcohol needs to be punished for a crime that may cause serious damage to the life, body, or property of another person as well as his own, and that there is a need for the corresponding punishment.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.