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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.
Reasons
Punishment of the crime
On July 21, 2019, the Defendant, while under the influence of alcohol of 0.095% of blood alcohol level around 18:04, driven the FM car volume at approximately 17km from the Do in front of the cafeteria in the Gyeongbuk-gun B to the front of the cafeteria located in D in the same Gun.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of the case, and investigation report (report on the situation of the employee’s driver);
1. Notification of the control results of drinking driving, the report on the situation of drinking drivers, and the application of Acts and subordinate statutes of the next time;
1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects 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 extenuating circumstances among the reasons for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.
Considerations disadvantageous: Considerations that the Defendant had been sentenced once to a fine in 2003 due to drunk driving; that there was a significant degree of blood alcohol level of the Defendant at the time of driving; that the Defendant neglected the police officer’s instructions to stop and was arrested; Considering that the Defendant recognized all of the instant crimes; and that the Defendant repented and reflected his mistake.