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 this judgment becomes final and conclusive.

Punishment of the crime

On May 31, 2013, around 23:56, the Defendant driven C rocketing taxi under the influence of alcohol concentration of about 0.289% at a section of about 5 km from the road in front of the Defendant’s house located in Thai City B to the road in front of the solar gas located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

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 grounds for probationary mitigation below);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006; Supreme Court Decision 2008Da1448, Apr. 2, 2006)

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;