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 June 4, 2016, around 06:30, the Defendant driven a B rocketing car with approximately 4.6km alcohol concentration of 0.255% under the influence of alcohol from the 4.6km section to the front side of the road between South Korea and North Korea located in 14 in the Yansan-gu New Walls-ro, Seoul Special Metropolitan City, to the front side of the road of the same 59 North Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. The appearance, uniform, language, attitude and attitude of a drinking driver, the report on the circumstantial statements of a drinking driver, the report on whether a drinking driver is under dangerous driving, and the ledger of the use of a drinking measuring instrument;

1. Each investigation report (the No. 7 of the evidence list, the application of the Badmark formula, and the confirmation of the distance in which the suspect has driven under influence of alcohol);

1. Requests for appraisal and response to requests for appraisal;

1. Report on detection of a host driver (Evidence Nos. 19);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 subparagraph 1 of the Road Traffic Act, the choice of penalty, 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 - The circumstances unfavorable to the defendant: The degree of drinking and driving is very serious, - the circumstances favorable to the defendant: The serious reflectivity, suspended execution or more, and the conditions for sentencing under Article 51 of the Criminal Act are comprehensive;