Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 19, 2016, the Defendant, while under the influence of alcohol at around 00:34, operated a 0.198% alcohol level from the Seocho-dong funeral parking lot located in Busan Dong-dong to the central gas front road located in Busan Dong-dong, with approximately 500 meters away from the 500-meter section from the Busan Dong-dong funeral parking lot.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to reports on the circumstances of driving under drinking, notification of the results of crackdown on driving under drinking, and the circumstantial statements of drivers;
1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. In light of the fact that the Defendant’s figure of the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is highly high in drinking and that the Defendant has been punished for driving alcohol, etc., the Defendant’s criminal liability is not less than that of the Defendant, but the Defendant’s criminal liability is less than five years, and the Defendant’s history of punishing driving alcohol has passed more than five years, etc., the Defendant’s favorable circumstances, such as the Defendant’s age, sexual behavior, etc., and other various sentencing conditions as shown in the instant records and the changes