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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 17, 2015, at around 22:36, the Defendant driven a B liquid car with approximately 500 meters alcohol level 0.204% under the influence of alcohol level at around September 17, 2015, from the 500-mnive elementary school located in the Southern-gu Busan Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a report on the state of driving under drinking and inquiry about the control of drinking driving;
1. Relevant Article 148-2 (2) 1 of the Road Traffic Act and Article 148-2 (2) 1 of the Act on the Selection of Punishment for Criminal Crimes;
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. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other factors as well as the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., the execution of the sentence is suspended only once more than that of the Defendant’s imprisonment with prison labor for a long time, but it is reasonable to order the Defendant to provide community service and to take a compliance driving course for a certain period of time. Thus, the sentence is determined as above.
Disadvantageous circumstances: The defendant's criminal punishment for the same crime is not limited, and the defendant again commits the crime of this case, which is highly likely to be subject to criticism.
The defendant seems to have significantly increased the risk of traffic accidents due to the very heavy influence of alcohol.
The defendant recognized the crime of this case.
There shall be no history of criminal punishment heavier than suspension of qualification.