A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 14, 2011, the Defendant was issued a summary order of one million won of a fine for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court, and on September 5, 201, the Daejeon District Court issued a summary order of four million won of a fine for a violation of the Road Traffic Act.

At around 07:40 on March 16, 2014, the Defendant, while under the influence of alcohol of 0.162% of blood alcohol content, driven the C Costaex vehicle at the section of about 4 km from the cross-cafeteria of the trade name in the Seo-gu Daejeon Seo-gu, Daejeon to about 103 km in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (former records and attachment reports of summary orders);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment (to take into account high drinking level and the same kind of fine twice);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflectivity and driving distance);

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence of imprisonment);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;