A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 12, 2020, at around 21:36, the Defendant driven C rocketing taxi under the influence of alcohol level of about 0.102% from the 8km section of Changwon-si, Changwon-si to the shooting distance in the Changwon-si, Changwon-si, Masan-si, Masan-si, through a road in front of the Masan-dong located in the Changwon-si, Changwon-si, Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. A written appraisal;

1. Application of Acts and subordinate statutes to inquire into the results of crackdown on driving alcohol;

1. Relevant Article of the Act and Article 148-2 (3) 2 of the Road Traffic Act and the selection of punishment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: One year to two years; and

2. Not applying the sentencing criteria: Omission of the sentencing criteria;

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced, driven under the influence of alcohol in the blood alcohol concentration of 0.102%.

While engaging in taxi business, it was controlled by the report of a passenger suspected of driving alcohol.

The state of main practice is not easy.

In 200, a drinking driving has been punished several times for traffic crimes, including the record of punishment for a fine once in 200.

However, there was no traffic accident.

The criminal records of all defendants are before 2011, and there is no particular criminal records thereafter.

In addition, all the sentencing conditions specified in the records and arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.