A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On August 19, 2015, the Defendant, while under the influence of alcohol content 0.297%, driven Ccoon-line cargo at approximately 2 km from the Namdong-dong, Namdong-gu, Incheon to the front way of 1054-1, Goakdo-dong, Yakdong-dong, Yandong-dong, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report and circumstantial report on detection of a host driver;

1. Application of Acts and subordinate statutes governing the output of drinking measurement;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into consideration, such as the fact that the defendant has been led to confession and reflect, and that the defendant has no record of excess punishment of fines due to the same criminal conduct);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;