Defendant shall be punished by imprisonment for a term of one year and 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

Around 02:45 on February 27, 2020, the Defendant driven a motor vehicle E in the direction of 0.115% of blood alcohol concentration at a 0.15%, which is under the influence of alcohol, in the vicinity of the “C” restaurant located in Seo-gu, Seoan-gu, Seocheon-gu, Incheon to the front of the Asan-si apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. The application of Acts and subordinate statutes of the Motor Vehicle Report, report on the scene of an accident, report on the circumstantial statement of a drinking driver, notification of the results of the crackdown on drinking driving, and the application of the regulations governing drinking driving;

1. Relevant Article of the Act and Articles 148-2 (3) 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;

1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is considerably high by 0.115%.

In the past, even though the defendant was fined twice due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

However, the defendant recognizes his mistake and is against his will.

There was no physical and human damage.

There is no fact of committing any crime after it has been discovered due to drinking driving for about 16 years.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.