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 April 27, 2019, at around 08:35, the Defendant driven a B-ro vehicle with a blood alcohol concentration of about 0.135% under the influence of alcohol at the section of about 1 km from the front of the water purification park in Geumsan-si, Geumsan-si to the Korea Highway Corporation located in Geumnam-si, Yangyang-si, Yangyang-si, Yangyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Consent to blood collection and written confirmation;

1. A request for appraisal;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to a written appraisal;

1. Article 148-2(2)2 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

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

3. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than one year;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. Although the defendant who was sentenced on June 22, 2017 was sentenced to a summary order of a fine due to a crime of drinking driving on the same day, it is difficult to lower the drinking driving of this case and the quality of the crime is not good.

The blood alcohol concentration level is relatively high.

However, the defendant does not commit a second offense against the defendant.

The defendant shall not be deemed to drive a vehicle immediately after drinking, such as crackdown, etc.

There is no power of criminal punishment heavier than a fine.

In addition, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and result of the crime, the circumstances before and after the crime, etc. shall be comprehensively considered in all the sentencing conditions shown in the arguments in this case, such as the order.