A defendant shall be punished by imprisonment for four 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 March 29, 2019, at around 00:18, the Defendant driven a DNA car under the influence of alcohol content of about 0.051% from the 1km section to the roads in front of the Cheongwon-gu Office located in the Gyeonggi Suwon-si, Gyeonggi-gu, Gyeonggi-do, Seoul-do, to the roads in front of the 101 Kuwon-ro 101.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Article 148-2(2)3 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed a second offense despite the fact that the defendant had already been punished for drinking driving twice, is disadvantageous to the defendant.

However, in light of the fact that the defendant is recognized as committing the crime and reflects on the fact that the blood alcohol level of this case is low, all of the above criminal records are punished by a fine, and there are no specific penalty power, the sentence of the defendant's sentence is somewhat harsh.

In full view of all the sentencing circumstances shown in the records of this case including the above circumstances, the execution of imprisonment shall be suspended, but the order to attend lectures shall be added to give the defendant an opportunity to reflect.