A defendant shall be punished by imprisonment for not less than eight 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 6, 2015, at around 19:35, the Defendant driven a B Poter-II cargo vehicle with a blood alcohol concentration of about 0.207% in a section of about 3 km from the front of an influent restaurant located in the sub-dong, Chungcheongnam-si, Chungcheongnam-si to the long-distance road in the south-dong, Southern-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55(1)3 of the Criminal Act (i.e., that there appears to repent and reflect wrongs, and that there are several criminal records of the same kind of crime, but there are no history of having received punishment heavier than the fine);

1. Article 62 (1) of the Criminal Act (Discretionary mitigation of these circumstances shall be taken into consideration);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc., of orders to provide community service and attend lectures;