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 becomes final and conclusive.

Punishment of the crime

On June 7, 2019, at around 04:15, the Defendant driven an EYF small-scale car owned by the Defendant from the front of the cafeteria located in Gwangju Dong-gu to the parking lot in the same Gu D market, while under the influence of alcohol by 0.129% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Application of each statute on photographs;

1. Relevant legal provisions and Articles 148-2(2)2 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 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have already been punished four times or more for drinking driving.

Nevertheless, the defendant is selected to be sentenced to imprisonment in that the defendant is engaged in driving under the influence of alcohol.

However, the previous records of drinking driving shall be considered before 2005, and the fact that the defendant has no record of punishment for drinking driving after 2012 shall be considered favorably.

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.