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 May 22, 2019, at around 01:22, the Defendant driven an Efran vehicle under the influence of alcohol with a blood alcohol concentration of 0.165% at the section of approximately 2.8 km from the Do in front of the “C” restaurant located in Seongbuk-gu, Sungnam-si, Incheon-si, to the front of the D-gu, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the place where the report on circumstantial statements of a drinking driver, investigation report, and the result of crackdown on drinking driving is notified;

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;

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though he/she had been punished twice due to drinking alcohol driving, once again, was engaged in drinking alcohol driving in this case. Therefore, the defendant needs to be punished corresponding thereto.

However, the defendant's mistake is divided and reflects his wrong and does not repeat the same mistake, and there is no heavy criminal punishment exceeding the fine prior to the instant case.

The occurrence of a traffic accident has not occurred due to drinking driving.

The defendant lives alone in an economically difficult situation, and people around the defendant want to take the preference to the defendant.

Taking into account such circumstances and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, the court decides to trust the Defendant’s identity only once and to suspend the execution of the above imprisonment. The sentence is determined as per Disposition.