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 December 28, 2017, the Defendant, while under the influence of alcohol of 0.124% of blood alcohol concentration at around 23:29, driving a DNA-free car within a two-lane radius from the front of the Busan Dong-dong, located in B, Busan Dong-dong, to the front of the Busan taxi platform located in the front of the Busan Dong-dong.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A report on detection of a host driver;

1. Regulatory the results of the drinking driving control (A);

1. In full view of the evidence mentioned above, in particular, the fact that the defendant was seated in the mixed driver's seat on the defendant's vehicle parked in the taxi platform and the fact that the proxy driver's on-site CCTV cannot be confirmed entirely from the defendant's vehicle, the application of the law of this case can be sufficiently recognized.

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act (limited to a stay of execution of imprisonment with prison labor, considering the blood alcohol concentration, previous conviction, etc. although the circumstances after the commission of the crime are extremely poor);

3. Article 62-2 of the Criminal Act;