A defendant shall be punished by imprisonment with prison labor for not more than ten 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 March 1, 2019, the Defendant driven a B observer car from approximately 500 meters away from the French road located in the Newdong in Gwangju Mine-gu to the front road of the Busan Metropolitan City, under the influence of alcohol level of 0.236% on blood alcohol level around 21:00.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquire about the results of regulating 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentence of Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Order to Attend shall be imposed by selecting imprisonment, taking into consideration the following: (a) there was a history of fines imposed on a person under the influence of alcohol twice since 2004; (b) there was no personal injury by the person under the influence of alcohol; (c) the Defendant’s driving by causing a traffic accident

In addition, the punishment as ordered shall be determined in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age and character, character and conduct, environment, circumstances after the crime, etc.