A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

On November 10, 2018, at around 05:08, the Defendant driven a DSS5 car under the influence of alcohol by 0.140% in the 1km section from around the 95-19 State Station to the front road of the Contracting State located in the same Gu B from around the 1km section from around the 95-19 State Station in Michuhol-gu Incheon Metropolitan City to the front road of the Contracting State in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considering circumstances, such as the fact that he/she reflects the punishment and has no criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Social service order under Article 62-2 of the Criminal Act;