A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On June 13, 2019, at around 20:40, the Defendant driven an E-to-purd motor vehicle with a blood alcohol concentration of about 0.216% under the influence of alcohol at approximately 10km from the front of the road located in Chungcheongnam-gun Hong-gun B to the front of the D history.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1) (1) and a traffic accident report (2) (2).

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, reply reports, and copies of written judgments;

1. Article 148-2 (2) 1 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;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing);

1. It is necessary to strictly punish in principle in light of the unfavorable circumstances, such as the fact that the community service order had the same criminal records leading to five cases, including the criminal records punished as imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that the crime was committed with a very high drinking level without accommodation, and that the accident was caused by the crime.

However, in consideration of the favorable circumstances, such as the reflection of the fact, the damage from accidents caused minor physical damage, and the fact that all accidents will be compensated by the comprehensive motor vehicle insurance for motor vehicles, and the fact that there is no same criminal record during the last ten years, the punishment as the order shall be determined.