A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 29, 2019, at around 23:20, the Defendant driven a F chip car with approximately KRW 500 meters from the front day of the Category C store in Gwangju City to the front day of the Egypted in D in the same City, while under the influence of alcohol by 0.305% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report and internal investigation report;

1. Traffic accident reports, traffic accident reports, reports on the occurrence of a traffic accident, reports on the statement of the situation of a drinking driver, notification of the results of the drinking driving control, notification to the department reporting the 112 Incident, photographs, site photographs, meetings for appraisal request, reports on detection of a drinking driver, and recorded CD;

1. The application of the ledger of driver's licenses for each motor vehicle and the respective Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The normal drinking operation disadvantageous to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only a crime that may pose a danger to traffic order by itself, but also cause serious personal and material damage, such as the occurrence of traffic accidents.

At the time of the instant crime, the Defendant’s blood alcohol concentration high (0.305% as a result of the blood collection measurement, 0.192% as a result of the respiratory measurement), and the Defendant actually shocked the vehicle.

The defendant has a record of being punished by a fine due to a violation of the Road Traffic Act in 2011.

In favor of the favorable normal defendant, the defendant recognized his criminal liability, and shows the form of reflection.

There is no criminal penalty heavier than suspended sentence.

In addition, the motive, means and result of the crime, the character, character and environment of the defendant, the situation before and after the crime, and the sentencing conditions shown in the argument of this case are various.