A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 11, 2019, at around 14:11, the Defendant driven a blood alcohol concentration of 0.232% from the 5km section from the front of the Gwangjudong-gu B market to the front of the D High School located in the same Gu C from the 5km section from the 5km section from the dong-gu B market to the Do High School located in the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant Article of the Act and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. include a large number of criminal offenses against the accused, and among which, the records of punishment for drinking driving are included twice.

Nevertheless, the defendant is not only responsible for driving under the influence of alcohol at the time, but also the blood alcohol concentration (0.232%) at the time.

However, it is more favorable to the fact that the defendant has no record of criminal punishment exceeding a fine and that the criminal records of drinking driving two times are relatively old before 2005.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after the crime is committed, the defendant's age, character and conduct, and the environment.