A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 7, 2016, the Defendant driven a car for E Spo-type on the road located in the front of the D laund-gu D laund-gu Seoul Special Metropolitan City under the influence of alcohol concentration of 0.316% among blood transfusion around 22:44 on November 7, 2016.

Summary of Evidence

1. Legal statement of witness F;

1. An investigation report (the current status of a report on driving alcohol, and situation in which a witness G leaves the site);

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. The scene of an accident and a photo of a head office;

1. The defendant and defense counsel asserted that the defendant and defense counsel did not drive the vehicle at the time of the instant case.

However, according to the above evidence, the defendant's assertion of the defendant and the defense counsel is not accepted since the defendant's vehicle driving at the site of the case.

Application of Statutes

Articles 148-2(2)1 and 44(1) of the Road Traffic Act, the choice of imprisonment for a crime, and the selection of punishment for a crime

1. In light of various circumstances, such as the Defendant’s age, occupation, living environment, driving distance, etc. while the reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Sentence of Article 62(1)3 of the Criminal Act, even though the Defendant had previously been punished by a fine due to drinking driving, he/she is driving in a very serious drinking condition, even though he/she had already been punished by a fine due to drinking driving.