A defendant shall be punished by imprisonment for six 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

At around 22:00 on May 20, 2019, the Defendant driven a e-car in the state of alcohol alcohol concentration of about 0.172% at the 3km section from the front of the parking lot of the building B in Gyeyang-si to the front road of the “Dcafeteria” located in C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Reporting on detection of a violation of the Road Traffic Act;

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

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018)

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. In the case of sentencing under Article 62-2 of the Criminal Act, since the blood alcohol concentration level of the defendant at the time of sentencing is considerably high, the crime of this case is not good, even though there has been the history of punishment for the same kind of crime, the crime of this case has been committed at the same time. In light of the circumstances where the police officer who confirmed the fact of driving a vehicle by violating the signal at the time of the initial request for stopping, the responsibility for the crime is not easy, and the possibility of criticism is not small, considering the circumstances unfavorable to the defendant or the fact that the defendant was committed, the risk of traffic accident is not realized due to a dry driving, the risk of traffic accident is not realized, and the fact that there is no special criminal record except once due to the fine due to the same kind of crime, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances such as the age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the conditions of the punishment as shown in the pleading.