A defendant shall be punished by imprisonment with prison labor for not more than ten 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 18, 2019, around 08:30 on June 18, 2019, the Defendant driven the Eland of Grandroth with approximately KRW 20km alcohol concentration of 0.208% from the 20km section to the intersection located in the same military path of the same military path through the roads front of the D Hospital located in the same military branch.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (report on the situation of a driver of the vehicle and a reporter's mobile phone call and accident situation) and arrest report of the suspect in violation of the Road Traffic Act;

1. Report on the occurrence of a traffic accident, report on the results of the drinking driving control, report on the circumstantial statements of a drinking driver, report on the actual condition of a drinking driver, inspection report on the vehicle, and report processing table for 112 reported cases;

1. Application of each statute on photographs;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

The crime of this case was committed in a manner unfavorable to the defendant while driving under the influence of alcohol and driving in the opposite lane to the road where the central separation is installed, and the nature of the crime was serious, and the defendant was punished by a fine in 2016 due to a drunk driving. Although the crime of this case was not resolved, it would be driven while the crime of this case was not resolved.