A defendant shall be punished by imprisonment with prison labor for not more than ten 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 August 31, 2018, at around 22:38, the Defendant driven a FMW car in the state of alcohol alcohol concentration of 0.264% from a cafeteria located in Dongdaemun-gu Seoul Metropolitan Government to E in the front street located in Dongdaemun-gu, Seoul to approximately 800 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on circumstantial statements of a host driver and reports on detection of a host driver;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the Defendant had been subject to punishment for drunk driving under Article 62-2 of the Social Service Order Criminal Act, he/she again caused an accident involving divers who had been driving under the influence of alcohol, and caused an accident involving divers who had been driving under the influence of alcohol, and the drinking volume is very high, so it is necessary to punish the Defendant accordingly.

However, the Defendant’s mistake is divided into one’s own mistake, and there is no record of criminal punishment heavier than the suspended sentence of imprisonment prior to the instant case.

Damage caused by automobile comprehensive insurance seems to have been recovered from most damage.

The defendant lives in a married person after divorce 10 years before the divorce and is currently preparing for the present marriage.

Considering these circumstances and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, and environment, the Defendant’s beliefing that the Defendant’s situation is different once again and the execution of the above imprisonment is suspended, the sentence is determined as per Disposition.