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

The Defendant is a person engaging in driving a BMW car.

On April 5, 2019, at around 00:03, the Defendant driven the said car at approximately 2 km from the vicinity of the Cheongju-gu Intercity Bus Terminal 1229 to the front of the same Gu, under the influence of alcohol by 0.217% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

1. Relevant Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

1. A punishment as ordered shall be determined by comprehensively taking account of all the circumstances that are favorable circumstances, such as the Defendant’s age, character and behavior, motive of the crime, family relationship, and the degree of records of drinking alcohol, including the fact that the crime of sentencing under Article 62-2 of the Social Service Order Act is recognized and mistakenly reflected in the fact that the same crime is committed, there is no record of punishment heavier than a fine, and traffic accidents, etc. are not caused, and that the record of drinking alcohol is higher, and all of the sentencing conditions specified in the records and arguments of this case, including