A defendant shall be punished by imprisonment for one year.

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 August 9, 2018, at around 06:00, the Defendant driven a DNA cargo vehicle under the influence of alcohol concentration of about 0.257% from the 4km section from the day before the pentathy road located in Gyeonggi-gun B to the front road of Gyeonggi-gun, the Defendant driven a DNA cargo vehicle under the influence of alcohol concentration of about 0.257%.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act includes imprisonment for the same kind of crime, such as drinking and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, even before the accused has been punished several times.

Nevertheless, while driving in the state of 0.257% alcohol concentration in the blood of the vehicle, the vehicle has caused a big accident that is going beyond the center line.

The defendant was locked in the course of investigation.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.