A defendant shall be punished by imprisonment for not less than three months.

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

Punishment of the crime

Around 20:40 on May 4, 2020, the Defendant driven a car with FMobage from approximately 5 meters to the front of the “E” in D, which is under the influence of alcohol with a blood alcohol content of 0.047%.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

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, such as a traffic accident report, a report on the results of the drinking driving control, a report on the situation of a drinking driver, an investigation report (report on the circumstances of a drinking driver), and a report on the results of the drinking driving control;

1. Relevant provisions of Article 148-2 (3) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has the history of punishing 1.5 million won as a fine for a drunk driving in 2006 and a fine of 1.5 million won as a non-exclusive driving in 2010. However, the instant drinking driving was discovered on the wind that the Defendant was parked while driving. The Defendant’s blood alcohol concentration was 0.047% and driving distance was 0.047% and 5 meters, the Defendant recognized the mistake and reflects the fact that the Defendant’s health and economic condition is not good, and all the other sentencing conditions indicated in the record such as the Defendant’s age, character and behavior, and environment are considered.