The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 10, 2019, around 02:45, the Defendant driven a B rocketing car with a blood alcohol concentration of 0.122% from approximately 3 km to the direction of Incheon Highway 21.3km on the road near the main station in Gangseo-gu Seoul Metropolitan Government, where the trade name is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the occurrence of a traffic accident;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of the Act and subordinate statutes to a investigative report (to confirm images by cutting offCCTV);

1. Article 148-2(2)2 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. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the fact that the numerical value of blood alcohol concentration for the reason of sentencing under Article 62-2 of the Criminal Act is substantial, the occurrence of traffic accidents on an expressway and the detection thereof, etc., the danger of drinking driving has been included in actual accidents, the fact that there was a history of punishment for drinking driving, the confession of a crime, the fact that a mistake has been pened, the number and contents of criminal records of the same kind of crime, the frequency and contents of the instant crime, the time interval with the instant crime, the Defendant’s age, character and behavior, environment, the background of the crime, the circumstances after the crime