A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 21, 2019, around 21:50, the Defendant driven an EM5 vehicle while under the influence of alcohol content of 0.165% from the 60m section of blood alcohol from the front parking lot of the Gyeonggi-si Buk-dong, to the BBD D-dong parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the accused has been punished for the same kind of crime, such as drinking and violation of the Road Traffic Act, even before the sentencing is made.

Nevertheless, the crime of this case was committed while driving under the influence of 0.165% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the fact that the defendant is against the recognition of the crime, and that the health of the defendant is not good and that there is an economic difficult situation.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.