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 January 31, 2019, at around 03:05, the Defendant driven a F i30-car while under the influence of alcohol 0.20% of alcohol content from a section of approximately 300 meters in the front of “C” located in Seongbuk-gu, Sungwon-si, Sungwon-si to the front of “E” located in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the circumstances of driving under drinking, the results of the crackdown on driving under drinking, the investigation report (report on the circumstances of the drinking driver), and the circumstantial statement of the drinking driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act are as follows: (a) the Defendant’s age, character and conduct, occupation, details and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined by comprehensively taking account of various sentencing conditions as ordered.

Disadvantageous circumstances: The defendant driving in the state of full blood alcohol (0.2% of blood alcohol concentration) resulting in a significant risk to the life and safety of others.

Defendant was sentenced to imprisonment due to a traffic accident in the past under drinking condition, and there is a high possibility of criticism in that the Defendant committed the instant crime again at four years after release.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.