A defendant shall be punished by imprisonment for six 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 November 2, 2018, around 01:05, the Defendant driven an FM5 vehicle while under the influence of alcohol content of 0.094% from the 2km section from the roads in front of the Speaker-si B to the roads in front of the D apartment E-dong at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to measuring instruments and records on the status of running a motor vehicle under consideration, reports on the status of operating a motor vehicle under consideration;

1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content 0.094%, driven a car at about 2 km under the influence of alcohol.

Around 2003, around 2006, around 2007, the Defendant has been punished for each violation of the Road Traffic Act (driving) and there are a number of criminal records.

The punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the blood alcohol concentration and driving distance, the details of the previous punishment records and distance thereof, the age and character of the defendant, personality and conduct, family relationship, motive and means of the crime, and circumstances after the crime.