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 4, 2019, at around 18:05, the Defendant driven the Enish-do car volume with about 40 meters alcohol concentration of about 0.203% in the section of approximately 40 meters from the road in Seongdong-gu Seoul apartment Cdong Complex to the front road of Ddong.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Each investigation report (No. 12, 13 No.);

1. The actual situation survey report, the report on detection of a drinking driver, the circumstantial statement of a drinking driver, the report on measurement records of drinking, and the next inquiry;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various sentencing factors as shown in the arguments in the instant case, including the circumstances after the crime was committed.

In light of the fact that the defendant had been punished once due to drinking driving at around 2015, again re-offending despite the fact that the defendant had been sentenced to a fine, the fact that drinking water is highly high, and that the defendant caused an accident that leads to shocking the unity while driving on the road in the apartment complex, there is a need to punish the defendant strictly.

The favorable circumstances: The defendant shows his attitude to reflect his mistake, the fact that human damage or material damage has not occurred due to the defendant's crime, and there has no record of being punished more than a suspended sentence.