A defendant shall be punished by imprisonment with prison labor for up to 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 June 23, 2019, at around 07:00, the Defendant driven a car under the influence of alcohol with approximately 300 meters alcohol concentration of 0.223% in a section of about 300 meters from the nearest road of the building B in Gyeyang-si to the neighboring road of the D real estate located in Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a report on the results of the control of drinking driving, a report on the actual state of drinking drivers, and a report on the request for appraisal;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 148-2(2)1 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Recognizing the facts charged for sentencing under Article 62-2 of the Criminal Act, the fact that an order to attend a lecture is an operator of an intrusion time, and that there is no criminal record exceeding a fine is favorable to the accused.

On the other hand, the fact that blood alcohol concentration is high, traffic accident is caused, and the fact that one time before drinking is before and after drinking is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.