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 December 23, 2018, at around 01:25, the Defendant driven an EM5 vehicle under the influence of alcohol with approximately 0.126% alcohol concentration from the section of about 3km from the Busan B apartment to the front road located in the Busan East-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the investigation report on the results of crackdown on drinking driving, the report on the circumstantial statements of a drinking driver, and the investigation report;

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include a confession of all of the crimes. However, even though the defendant had been punished four times due to drunk driving, he/she again commits the crime, it cannot be said that the blood alcohol concentration level is low, and other factors, such as the defendant's age, criminal records, etc., should be taken into account.