A defendant shall be punished by imprisonment for not less than eight 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 May 27, 2013, the Defendant driven B rocketing taxi under the influence of alcohol content of about 0.271% from the 200m section to the front road of the new apartment located in Kuo-dong 382-3, Kuo-dong 382-3, Kuo-si, Kuo-si, Kuo-si, Kuo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of the statutes governing the actual condition of traffic accidents;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Even though the defendant was punished for a suspended sentence of imprisonment due to drinking driving, etc., for the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, it is highly doubtful whether the defendant has shown the opening of the drinking driving of this case, and it is doubtful whether the defendant has any further effect on the part of the defendant, in light of the fact that the blood alcohol concentration of this case depends on the state of drinking.

Furthermore, even though it was a driving for a shift other than a business.

Although the defendant is a taxi driver, the defendant is in a position to refrain from driving under the influence of alcohol more than a person who operates public transportation as a taxi driver.

Therefore, it is necessary to strictly punish the defendant.

Nevertheless, the execution of the punishment is suspended, but community service and lecture attendance order are also required in order to ensure that the criminal defendant's act of drinking alcohol is committed, and that the criminal defendant's act of drinking alcohol is committed.