Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 28, 2016, at around 02:29, the Defendant driven B car at a section of about 50km to the front of the Central Highway in the direction of Busan, which is located in the city from the from the insular point to the insular area, while under the influence of alcohol by 0.110% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act of the choice of punishment, imprisonment (with prison labor for the defendant several times, or imprisonment for a violation of the Road Traffic Act or for a violation of the Road Traffic Act, consideration of unfavorable circumstances, such as the fact that the blood alcohol level at the time of the crime of this case has reached 0.110%)
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into consideration favorable circumstances, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake, and that the defendant has no criminal records exceeding the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous reason for discretionary mitigation);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;