A defendant shall be punished by imprisonment for not less than eight 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

The Defendant was under the influence of alcohol concentration of 0.159%, and around July 14, 2019, around 02:55, the Defendant driven a vehicle of 1.5 km-lurged from C at a section of approximately 1.5 km to the front road of the Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu (Seoul) on the street before the end of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a report on the circumstances of driving under drinking, inquiry into the results of crackdown on drinking driving, and a report on the circumstantial statements of a drinking driver

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment once due to drunk driving, and even though the period of probation has expired, he/she was under suspension of the execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes (accidents, Violence, etc.). In addition, the nature of the crime is not good, and the defendant's blood alcohol concentration is considerably high.

However, the fact that the defendant has recognized all of his criminal acts and reflects on the criminal acts of this case, the traffic accidents have not occurred due to the criminal acts of this case, the distance of the defendant's driving is not relatively long, the criminal records related to driving under the influence of alcohol are punished by a fine around 2003, the defendant's health status is not good, and the various sentencing factors in the trial process of this case, such as the defendant's age, character and behavior, intelligence and environment, family relations, circumstances at the time of the crime, etc., shall be determined as ordered.