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 May 3, 2019, at around 13:05, the Defendant driven a dial car at a section of about 13 km from the front side to the front side of the right line C, while under the influence of alcohol by 0.260% of blood alcohol concentration of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs, such as a survey report on actual condition, vehicles under consideration, etc., notification of results of the regulation of drinking driving, and reporting on the circumstantial statements of drinking drivers

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment for not less than six months up to one year and six months;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who was sentenced, driven a car while under the influence of alcohol with a blood alcohol content of 0.260%, caused an accident in the process.

In 2018, the defendant has been punished for a fine of KRW 2 million due to drinking driving, and there is a record of being punished for a fine of KRW 1 million due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2011.

The punishment as ordered shall be determined by taking into account the following factors: the blood alcohol concentration and driving distance of such accused, the details of the previous punishment records and the distance thereof, and the age and character of the accused, personality and conduct, family relationship, motive and means of the offense, circumstances after the offense, etc., and various sentencing conditions shown in pleadings.