A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 2, 2018, at around 22:00, the Defendant driven an Estststun vehicle under the influence of alcohol with approximately 0.082% alcohol concentration from the section of approximately 1km from the front of the B apartment in Hasan City to the front of the D in Hasan-si, 22:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements, investigation reports, and the results of the crackdown on drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Although the reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence has three times the past records of punishment for drunk driving, it is unfavorable for the defendant to drive under drinking again, but it appears that the defendant repents and reflects the wrong, and the fact that the defendant has no same record of committing the crime after being punished for drunk driving in 2009 is favorable.

Considering such circumstances and the degree of blood alcohol concentration at the time of the instant crime, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed.