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

피고인은 2016. 5. 31. 22:10 경 익산시 여산면 제 남 리에 있는 천호산 와 송 농장 앞 도로부터 논산시 연무읍 안 심로 127번 길 14에 있는 퐁퐁 노래 장 앞 도로에 이르기까지 약 10km 구간에서 혈 중 알코올 농도 0.222% 의 술에 취한 상태로 B 에스엠 7 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the application of Acts and subordinate statutes of the report stating the situation of the driver;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

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 light of the fact that: (a) the reason for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, the order to attend a lecture, or the order to provide community service order, was only one-time punishment for the crime of violation of road traffic law; and (b) the Defendant again committed the instant crime since five months have not passed thereafter; and (c) the Defendant’s alcohol concentration in blood at the time of driving is higher than 0.22%, it is necessary to strictly punish the Defendant.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is against the wrong, that the defendant has no record of criminal punishment heavier than the suspension of execution, the age, circumstances of the crime, and the circumstances after the crime.