A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

At around 05:40 on May 4, 2013, the Defendant driven a Category B New-Woon XD car with a blood alcohol content of about 0.209% under the influence of alcohol from a section of about 10km to a road located in 367-1 at the same time as the Do in front of the household-to-land apartment located in the luminous side at Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver (A);

1. Application of the practical survey report, field photographs statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. provides that the defendant's blood alcohol content is 0.209% at the time of the sentencing, and the defendant has the records of being punished twice due to drinking driving, etc., which are disadvantageous to the defendant, the circumstances and the defendant are divided and led to the crime, and the defendant has no record of being punished exceeding the fine due to drinking driving, and the most severe punishment of the above fine is determined as ordered in consideration of the circumstances favorable to the defendant, such as the fact that the defendant's blood alcohol content is 0.209% at the time of the sentencing.