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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 29, 2017, the Defendant driven a D Spo-type car at the 10m section of the front road located in Gwangju-gu, Seo-gu, about 0.200% of alcohol concentration among the blood transfusion around 23:35.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A written appraisal of alcohol during blood;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The Defendant again committed the instant crime even though he/she was punished twice in 2005 and 2014 due to driving under drinking, and the Defendant had a very high alcohol concentration in blood.
(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.