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.

Criminal facts

On October 28, 2018, at around 08:15, the Defendant driven a B-hand car under the influence of alcohol content of about 500 meters from the crypted parking lot of Songpa-gu Seoul Metropolitan City, where it is difficult to identify the location adjacent to the shooting distance of Yancheon-gu to the front road of the 365 Yando-ro 365 Yando-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the control of drinking driving;

1. A written consent to the collection of blood, a request for appraisal of blood alcohol concentration, a request for appraisal, and an appraisal report on blood alcohol;

1. The application of Acts and subordinate statutes to the investigation report (the Medmark official calculation);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant driving a vehicle under the influence of alcohol even though he/she was subject to criminal punishment on one occasion (one time a fine) due to drunk driving, and the blood alcohol concentration level at the time of driving under the influence of alcohol was very high, and the responsibility of the defendant for the crime is not exceptionally applied.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflects his mistake, and that there was no record of criminal punishment exceeding the fine during that period.

In addition to the above circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all other circumstances constituting the conditions for sentencing as shown in the trial process, shall be comprehensively considered and determined as ordered.