A defendant shall be punished by imprisonment with prison labor for up to 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 July 28, 2016, at around 18:10, the Defendant driven Ccoon vehicle with approximately 50 meters alcohol concentration 0.238% under the influence of alcohol level 0.238% from the 50-meter section to the 59-dong in the same Eup/Myeonodong-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident and the report on a traffic accident;

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

1. Application of statutes on site photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing, community service, and lecture attendance order - Circumstances unfavorable to the defendant: three times a previous convictions (driving, drinking refusal) in the same kind of criminal records and the degree of drinking (0.238%) - The circumstances favorable to the defendant: serious reflectivity, no previous convictions in the suspension of execution, and circumstances favorable to the defendant; the mother and wife of the aged whose health conditions are very poor among economically difficult circumstances are supported by the defendant's mother and wife; the detention of the defendant entails excessive difficulty to his dependants; the period of eight years from the final criminal records and the other comprehensive matters that constitute conditions for sentencing under Article 51 of the Criminal Act;