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

The Defendant, from March 24, 2014 to May 2, 2014, was in the state of suspending the validity of the driver’s license. However, around March 27, 2014, around 17:40 on March 27, 2014, the Defendant driven DF ESI car under the influence of alcohol content of about 0.231% from the 300-meter section to the e-land front of the house of Ulsan-gu, Ulsan-gu, Seoul-do to the e-land front of the e-land located in the same Dong.

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 the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. According to Article 62-2(1) of the Criminal Act, a person who has been tried to drive a motor vehicle under the influence of alcohol is allowed to have a previous conviction, and the drinking volume of this case also causes an accident involving the central separation zone during the driving of alcohol, etc., and thus, he/she selects imprisonment with labor: Provided, That it is recognized that the risk of repeating a crime by suspending the execution of punishment is recognized by taking account of the fact that the person has committed an error in depth and has disposed of the vehicle while driving the motor vehicle without driving the motor vehicle, etc.