A defendant shall be punished by imprisonment for one year.

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 April 12, 2019, around 18:05, the Defendant driven a B-hand car while under the influence of alcohol with approximately 0.225% alcohol concentration on the road located around approximately 10km from the beginning of the Sinnam-si to the vicinity of the lower branch of the Seoul Southern Metropolitan Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the actual survey report and traffic accident occurrence report;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant repeated drunk driving within a short period despite being discovered while drunk driving even on February 2019. The occurrence of an accident on an expressway led to the occurrence of the risk, and the Defendant’s blood alcohol concentration is extremely high.

The defendant reflects his wrongness.

In 2004, there was no previous conviction except a fine due to drinking driving in 2004, and repeated driving of drinking in 2019.

In spite of the occurrence of a traffic accident, there was no damage to human life, and comprehensive insurance was subscribed to.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, criminal records, circumstances after the crime, and the circumstances after the crime.