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 November 23, 2018, at around 15:51, the Defendant driven a motor vehicle with DNA alcohol level of 0.131% under the influence of alcohol level from the front of Asan City B to the front of C in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is a very dangerous crime that may cause the occurrence of traffic accidents by enhancing the possibility of occurrence of traffic accidents, and thus, to prevent this, the defendant is bound to bear strict responsibility for the act related thereto, even if he had been punished several times due to drinking driving, and the defendant commits the instant crime even though he had the record of punishment several times due to drinking driving. Meanwhile, the defendant confessions and reflects the instant crime; the defendant has no record of punishment due to drinking driving after 2010; the defendant has no record of punishment due to drinking driving; and the records and arguments of the instant case, such as blood alcohol concentration level, etc., are to be determined as per the disposition.