A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

1. On May 31, 2020, the Defendant driven BM7 cars under the influence of alcohol content of about 0.088% from the 10km section from the cafeteria to the roads in front of Pyeongtaek-si’s D store located in Pyeongtaek-si. In light of the following circumstances: (a) on May 31, 2020, the Defendant driven BM7 cars while under the influence of alcohol content of blood at approximately 0.08% from the 10km section.

2. The Defendant, as stated in the above paragraph 1, was found to have driven a drinking, and was taken a drinking test from a police officer, the Defendant: (a) returned the police officer who she was frighting at his/her home and returned home; and (b) was able to drive again his/her own vehicle after returning the police officer to her home.

On May 31, 2020, at around 01:45, the Defendant driven a BM7 vehicle under the influence of alcohol level of about 0.06% from the 1km section to the 272-14 Hongwon-distance road from the road in Pyeongtaek-si located in Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving on each owner, a report on the circumstances of the driver at each owner, and an investigation report (a report on the circumstances of the driver at each owner);

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

1. Relevant legal provisions, Articles 148-2(3)2, 44(1) (which means a drinking alcohol level of not less than 0.08% and less than 0.2% among the blood), Articles 148-2(3)3 and 44(1) (which means a drinking alcohol level of not less than 0.03% and less than 0.08% among the blood transfusion) of the Road Traffic Act, and each decision of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. are shown in the arguments of this case, such as the following circumstances and the defendant’s age, sex, criminal conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.