A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 5, 2017, the Defendant: (a) 02:44, after viewing the water source in Suwon-si, driven B car with alcohol content of at least 0.218% while under the influence of alcohol at approximately 300 meters from the alley to the same water source viewing road; (b) the Defendant driven B car with alcohol content of at least 0.218%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written consent to blood collection and written confirmation;

1. A response to a request for appraisal, a blood alcohol appraisal report;

1. Application of Acts and subordinate statutes of a report on the detection of drivers employed in the main place (No. 13 of evidence list);

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant: (a) led to the confession of the instant crime while recognizing his mistake; (b) the Defendant did not cause other damage, such as traffic accidents; (c) the Defendant was punished in excess of a fine; and (d) there was no particular criminal record after around February 14, 2012; and (c) the Defendant has to support the spouse who is scheduled to give birth and the children who have yet to be aged.

(1) [Unfavorable Circumstances] The crime of this case is that the defendant driven a motor vehicle while under influence of 0.218% alcohol concentration in blood, and the nature of the crime is not good, the defendant's blood concentration is high, and the defendant has been punished three times as a crime of violating the Road Traffic Act (driving) before around 2007.