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

피고인은 2013. 7. 24. 21:36경 혈중알콜농도 0.216%의 술에 취한 상태로 전주시 덕진구 산정동에 있는 ‘이조 돌솥밥’ 식당 앞 도로에서부터 전주시 덕진구 산정동에 있는 ‘허니 무인텔’ 앞 도로까지 약 200m 구간에서 B 렉스턴 자동차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of the sentencing of Article 62-2 of the Criminal Act, committed the instant crime even though he/she had the record of being sentenced to a suspended sentence of imprisonment by driving alcohol while drinking alcohol.

However, the sentence of imprisonment for the same kind of crime is not less than 10 years but not more than 10 years, and the execution of the sentence is suspended at once by taking account of the fact that it is against the law and the distance of driving is not long.