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 August 22, 2013, at around 21:16, the Defendant driven a 2.5 tons truck with blood alcohol content of approximately 0.232% at the section of approximately 17km from the 285-3, Yongsan-dong, Gwangju-gu to the 88 Highway, Yyang-gun, Yyangyang-gun, Yyangyang-gun, in a state under the influence of alcohol by at least 0.232% from the 17km section.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written report stating the circumstances of a host driver;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Discretionary mitigation of punishment (see Articles 53 and 55(1)3 of the Criminal Act)

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decision 62 (1));

1. Probation under Article 62-2 of the Criminal Act;