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 this judgment becomes final and conclusive.

Punishment of the crime

On February 22, 2013, at around 00:40, the Defendant driven BK5 car while under the influence of alcohol of about 3m of the road in front of 207-16, Songpa-gu, Songpa-gu, Seoul, as the blood alcohol concentration of 0.27%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report on the actual condition of traffic accidents, reports on the occurrence of traffic accidents, records on drinking measurement, reports on detection of drinking drivers, circumstantial statements of drinking drivers, consent to blood collection, and response to requests for appraisal;

1. Application of Acts and subordinate statutes to vehicles and field photographs;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (i.e., "the reason for the

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds that the defendant has already been punished for driving under drinking and again leads to driving under drinking without being aware of the same kind of power even though he had already been punished, and that the degree of blood alcohol concentration high causes a risk that may cause a serious accident, etc., which is disadvantageous to the defendant.

However, the circumstances favorable to the defendant are that the defendant reflects his mistake in depth, that there is no past record of the defendant's punishment other than a fine once, and that the distance of the defendant's drinking driving is considerably short.

It is so decided as per Disposition by taking into account the above circumstances such as the age, character and conduct of the defendant and other conditions of sentencing.