However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

On January 17, 2012, at around 05:05, the Defendant driven a CBa car at a section of about 5 meters from the front day of the Jinhae-gu, Changwon-si, to the road near the said Jeju-si while under the influence of alcohol content of 0.110%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver;

1. Application of the police statement law to D;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") is that the Defendant committed the instant crime of drinking without being aware of the fact that he/she committed the instant crime without being aware of the fact that he/she had been punished for the crime of violating the Road Traffic Act, is disadvantageous to the Defendant.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant has no history of punishment, the distance of drinking driving is only five meters, the circumstances favorable to the defendant's reflectiveness, and other sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, etc.