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 April 14, 2019, at around 20:36, the Defendant driven C Lerober vehicle while under the influence of alcohol content of about 0.268% from the section of approximately 1km from the Songpa-gu Seoul Stackdong to the roads adjacent to the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, records of the measurement of drinking, circumstantial statement of a drinking driver, report on detection of a drinking driver, and investigation report;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15807, Oct. 16, 2018);

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 consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.

In light of the fact that the defendant was sentenced to a fine due to drinking driving and that the defendant re-offending again despite the fact that he was sentenced to a fine, and that the blood alcohol concentration is very high, there is a need to strictly punish the defendant.

The favorable circumstances: The defendant shows the attitude of reflecting his mistake, and the fact that human and material damage has not occurred due to the defendant's crime.