Text
A defendant shall be punished by imprisonment for not less than eight 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 February 21, 2016, the Defendant, while under the influence of alcohol of 0.30% during blood transfusions, driven a vehicle of soflurt with C from the Do in front of the original Matart to B studio parking lot located in the Gyeongbuk-gun, Gyeongbuk-gun, Seoul, in a section of about 200 meters from the Do in front of the original Mat-do to B.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A report on internal investigation (in relation to on-site situations, statements of witnesses, etc.);
1. The circumstantial report of the driver employed at the main place;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Relevant Article 148-2 (2) 1 of the Road Traffic Act and Article 148-2 (2) 1 of the same Act concerning the facts constituting an offense;
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. In view of the fact that the Defendant had been punished for driving alcohol, despite the fact that the reason for sentencing of Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture, again committed the instant crime, and that the alcohol concentration in the blood was very high to 0.300%, the liability for the instant crime is not minor; however, the Defendant’s confession of the instant crime was against his mistake; the Defendant has no criminal record of suspended sentence or heavier punishment; and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and other circumstances, which are the conditions for sentencing specified in the instant argument, such as the motive, means and consequence of the instant crime, shall be determined as the sentence as ordered.