A defendant shall be punished by imprisonment for six 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 19, 2019, at around 19:31, the Defendant driven a motor vehicle with D Spoty in a distance of about 5 meters from the front parking lot of Cheongcheon-si B apartment C-dong, as the Defendant was under the influence of alcohol 0.175% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, on-site map, on-site photograph, consent to blood collection, written verification of blood alcohol, and notification of the results of crackdown on drinking driving;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

1. Selection of imprisonment with prison labor chosen;

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

1. The rationale for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. lies in the circumstance favorable to the defendant, such as the defendant's attitude that the defendant seems to reflect on his/her criminal act.

However, even though there were criminal records (200, 2004, 2004, 2005, 2005, 2013) which were punished by a fine for drinking driving multiple times, the Defendant is also driving under the influence of drinking, and the blood alcohol concentration was relatively high by 0.175%, and the occurrence of a serious contact accident under the influence of drinking is disadvantageous to the Defendant.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.