A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. Around 00:05 on June 4, 2017, the Defendant: (a) driven a C-do motor vehicle in the section of approximately KRW 500 meters from the road near a fluor's charnel in the Changdong at the time of drinking to the road front of the women's general terminal located in Sejong-ro 85 meters at the time of drinking, while under the influence of alcohol content 0.199%; (b) the Defendant driven the C-do motor vehicle in the section of about 500 meters from the fluor's alcohol concentration in blood.

2. On June 4, 2017, the Defendant was driving D (n, 26 years old) a low-income motor vehicle while driving the C motor vehicle on the front of the passenger terminal in front of the doju comprehensive terminal located in Sejong-ro 85 in a state of alcohol content of 0.19% in a state of under the influence of alcohol at around 00:05 on June 4, 201.

The E-learning car and traffic accident occurred, and there was a conflict between D's driving and speech, and it was known that the driver of the above-learning car is D and that D's male-friendly job F( South, 25 years old) who was accompanied by the above-learning car was a male-friendly job driver( South, 25 years old).

Since then, F became aware of the Defendant’s drinking driving, and reported it to the police, on June 4, 2017, the Defendant got a drinking test from a police officer who was dispatched to the site after receiving the report, and was subject to a drinking test. Although F did not drive, F was punished for a violation of the Road Traffic Act (toxicated driving), F was driving to the police officer.

A false report was made on F’s false fact to “a request for the measurement of drinking alcohol.”

Accordingly, the defendant was committed to F with the aim of having F criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to F, D, G, and H;

1. Statement of the circumstances of the driver involved in the relevant driving and report on the detection of the driver involved in such driving;

1. Notification of the results of regulating driving of alcohol;

1. Voluntary accompanying report;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 156 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Articles 157, 153, and 55(1) of the Criminal Act for statutory mitigation.