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 October 26, 2018, at around 14:12, the Defendant driven an E 130 vehicle while under the influence of alcohol leveling 0.263% of alcohol level at approximately 400 meters from the parking lot of Hongcheon-gun, Hongcheon-gun, Seoul to the front day of “D” located in C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing the settlement of the circumstances of a drinking driver, report on the circumstantial statement, relevant photographs, and reported cases;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has the history of being punished for driving under the influence of alcohol in 2006. In 199, the driving under the influence of alcohol was conducted even though the defendant was punished for the violation of the Road Traffic Act in 199, and the defendant's blood alcohol level was high at the time of driving under the influence of alcohol in 2006. The fact that the defendant's blood alcohol level was very high at the time of the crime of this case is a factor for sentencing unfavorable to the defendant.

However, the fact that the defendant seems to have recognized the crime of this case and reflect on it, the crime of this case appears to have been committed for a simple drinking driving (this case's vehicle is not submitted with evidence to prove that the damage trace of the defendant's vehicle was caused by the accident at the time of the crime of this case), the defendant seems not to have been punished for suspension of qualification or heavier punishment, and the defendant has no record of criminal punishment for suspension of qualification or more, and the past record of drinking driving is before 12 years or more from the date of the crime of this case, etc. shall be considered as factors for sentencing favorable to the defendant, and the punishment shall be determined as per the disposition of this case by taking into account all other circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc.