A defendant shall be punished by imprisonment for not more than ten months.

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

On May 17, 2019, the Defendant driven a D-wing truck while under the influence of alcohol of about 1.5 km alcohol concentration of about 0.208% from the 1.5 km section to the roads near Jeonnam-gun, Masung-gun.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant legal provisions and Articles 148-2(2)1 and 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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant, even though he had already been subject to two times or more due to drinking driving, was engaged in the driving at a time, and that the blood alcohol concentration level at the time is very high.

However, it is advantageous to the fact that the defendant has been sentenced to a fine several times, and that the defendant has no record of being punished for drunk driving since 201, and that the defendant would not drive under the influence of alcohol again while resisting the fact that he would not drive under the influence of alcohol again.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after committing the crime, the defendant's age, character and conduct, and the environment.