A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 25, 2019, at around 19:40, the Defendant driven a Cregnife vehicle with a blood alcohol concentration of about 0.157% from the 6km section of approximately 6km up to the upstream tunnel located in 16, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, while under the influence of alcohol level of about 0.157%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reports on traffic accidents (1), (2), reports on the circumstances of drinking driving, and inquiries about the results of crackdown on drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a course of driving under the influence of alcohol causes a traffic accident that leads to a vehicle temporarily stopped in the front room, and the nature of the crime is not good, and the Defendant’s blood alcohol concentration level is considerably high.

However, considering the fact that the defendant's mistake is divided and again is expected not to drive under the influence of alcohol, there is no same criminal record for the defendant, there is no criminal record which has been punished as a penalty, and other factors of sentencing that are shown in the trial process of this case, such as the age, character and conduct, intelligence and environment of the defendant, family relations, circumstances at the time of the crime, etc., the punishment shall be determined as ordered.