A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

On June 21, 2007, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Chuncheon District Court, and two years by six months by imprisonment with prison labor for a violation of the Road Traffic Act.

피고인은 2016. 7. 6. 21:32경 강원 인제군 서화면 천도리에 있는 쎄븐일레븐 옆 노상에서부터 같은 리 금강로 453에 있는 정고개에 이르기까지 약 500m 구간에서 혈중알코올농도 0.176%의 술에 취한 상태로 B 리베로 승용차를 운전하였다.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the statement of the situation of driving under the influence of alcohol;

1. Previous convictions in judgment: Criminal records and application of respective statutes governing judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order shall be taken into account by taking into account the following factors of sentencing, the age, character and conduct, environment, etc. of the accused: Confession and reflectivity, and circumstances unfavorable to the accused that there is no previous conviction of the same kind since 2012: The accused has committed the instant crime without being able to have himself/herself even though he/she had been previous convictions of three times of suspended execution due to the same crime, and the blood alcohol concentration is considerably high to 0.176%: