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 February 2, 2019, at around 19:12, the Defendant driven the E-Poter Cargo Vehicle while under the influence of alcohol leveling 0.161% at approximately 150 meters from the 150-meter section to the roads near D in front of the Southern-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a survey report on actual condition and the control results of drinking driving;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The scope of applicable sentences under law: Imprisonment for six months to one year; and

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, taking into account the following circumstances, and taking into account the defendant's age, environment, motive, means and consequence of the crime, and various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime, shall be determined as ordered.

[Unfavorable Circumstances] The drinking driving of a motor vehicle needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

Although the Defendant had been punished twice due to the same crime, the Defendant committed the crime of this case.

At the time of the instant crime, the Defendant’s blood alcohol concentration was high, and the risk of drinking driving was realized due to the occurrence of traffic accidents caused by the instant crime.

[Liuried Circumstances] Provided, That the defendant recognized all his mistake, and there was no personal injury due to the crime of this case.

There shall be no history of the criminal defendant subject to a suspended sentence or heavier punishment.

The health status of defendants is not good.