A defendant shall be punished by imprisonment for four 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

On May 5, 2017, at around 22:32, the defendant's house located in Seongbuk-gu Seoul Metropolitan Government, the defendant driven the Doro 1 Dong-ro, Jongno-ro, Jongno-gu, Seoul, with a alcohol content of about 0.077% in blood while under the influence of alcohol on the roads front the 1 Dong-ro, Jongno-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A response to a request for appraisal, a report on the detection of a primary driver (No. 17) and a report on the results of an investigation (No. 26) and the details of the application of the said dmark formula are stated in the report on the investigation results.

Application of Statutes

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of alternative imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the fact that he/she has been punished three times due to drinking driving in the past and that he/she had a relatively recent history of punishment in 2014, even though he/she had been punished by imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Considering the circumstances, such as the fact that the defendant is against the fact of crime, the fact that there exists no record of punishment as imprisonment without prison labor or heavier punishment prior to the instant case, and the fact that the amount of alcohol concentration in the blood is relatively high at the time of detection);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;