Text
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.
Reasons
Punishment of the crime
On August 7, 2015, at around 23:55, the Defendant driven a Ji consulship or parking lot in the Southern-si Tong through Dowon-si, with approximately KRW 500 meters alcohol content 0.123% under the influence of alcohol, from the section of approximately 500 meters to the safety motherer road in the Southern-si Dowon-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
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. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):
1. The fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. had a record of punishment for drunk driving, but again commits a second offense is disadvantageous to the defendant.
However, considering the fact that the defendant reflects the defendant, there is no previous conviction other than a fine, the distance of drinking driving of this case is relatively short, the fact that the defendant supports his old mother, the circumstances favorable to the defendant shall be considered, and the punishment as set forth in the text shall be determined by taking into account all the various sentencing conditions specified in the argument of this case.
It is so decided as per Disposition for the above reasons.