A defendant shall be punished by imprisonment for one year.

except that 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 10, 2019, at around 19:50, the Defendant driven a clater vehicle while under the influence of alcohol with approximately 0.307% alcohol concentration from the 1km section to the front road of the Seo-gu Seogu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and application of Acts and subordinate statutes of the report on the state of drinking drivers;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant is strictly punished, considering the following: (a) even though he/she was able to have a previous conviction, repeated driving of the instant case; (b) the level of drinking alcohol is very high; and (c) the risk of drinking alcohol driving and the need for strengthening the punishment therefrom

Meanwhile, in full view of all the circumstances, including the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no criminal record exceeding the fine, and the driving distance, the circumstances after the crime, the criminal records, and the prosecutor’s life (one year of imprisonment) are determined as above.