A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 8, 2013, at around 22:10, the Defendant driven a vehicle B, owned by the Defendant, under the influence of alcohol content of approximately 0.202% from the 5km section around the KBS Main Station located in Yeongdeungpo-gu Seoul Metropolitan Government to the salt ChangIC located in the Gyeyang-dong, Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant laws concerning criminal facts, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (the choice of imprisonment, taking into account that the defendant has past records of punishment of four times as fines for the same crime);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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