A defendant shall be punished by imprisonment for six 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 August 13, 2018, at around 09:55, the Defendant driven a B-hurged vehicle with approximately 22k alcohol concentration from the section of approximately 22km from the Busan Gangseo-gu, Seocheon-dong, Busan to the front road of about 3, 4,00-ro, Nam-ro, Busan, Seocheon-gu, Busan, with a alcohol content of 0.263% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant, for the reason of sentencing under Article 62(1) of the Criminal Act, has the record of being punished for driving alcohol, and that the instant drinking content is very high to 0.263% alcohol concentration during blood, the Defendant is selected to be sentenced to imprisonment, but the record of punishing driving alcohol has been more than 10 years, and the Defendant does not repeat again while reflecting his mistake.

The punishment shall be determined as ordered in consideration of the circumstances described in the above.