A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 26, 2017, at around 13:50, the Defendant driven a B-low-income car under the influence of alcohol concentration of about 0.169% from the 1km section from around 1k-ro to around 126, Dongcheon-ro, Suwon-si, Suwon-si, 210 Do-ro 21-15; and from around B-ro, the Defendant driven a B-low-income car under the influence of alcohol concentration of about 0.169% from around the same 1k-ro to 126.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes governing records of drinking alcohol measurement;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant led to the confession of the instant crime; (b) the Defendant did not cause any damage, such as traffic accidents; (c) the Defendant did not have any record of criminal punishment in excess of a fine due to the same kind of crime; and (d) there was no particular criminal record after around 2008; (b) the instant crime constitutes a situation favorable to the Defendant; (c) on the other hand, the instant crime is a vehicle driving under the influence of alcohol content 0.169% in blood; (d) the Defendant’s blood alcohol concentration is relatively high; and (e) the Defendant was punished twice due to a violation of the Road Traffic Act (driving) prior to around 207.

In full view of the aforementioned various circumstances and the defendant’s age, family relation, sex, environment, motive and background of a crime, means and method of a crime, and circumstances after a crime, the punishment as ordered shall be determined by comprehensively taking into account all the following factors: