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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 of the final judgment.
Reasons
Punishment of the crime
On December 22, 2008, the Defendant received a fine of 1.5 million won as a crime of violation of the Road Traffic Act at the Jeonju District Court on December 22, 2008, and a fine of 1.5 million won as a crime of violation of the Road Traffic Act at the Jeonju District Court on December 2, 2009, respectively.
On February 27, 2014, at around 18:52, the Defendant driven a mixed vehicle with a blood alcohol content of about 0.227% from a 100-meter section from the day before the beerhouse located in the Yansan-gu, Yansan-si, Jeonju-si, to the day before the beerhouse in the Yansan-dong, Jeonju-si, and the front road.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);
1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been subject to three times punishment due to drinking driving, is deemed to have committed the crime of this case again. However, the circumstances and the nature of the crime of this case are not weak, considering the fact that the defendant confessions the crime of this case and seriously reflects the crime of this case, the fact that the defendant has no criminal record exceeding the fine out of the records punished for the same kind of crime, and the family environment of the defendant, etc., the execution of imprisonment shall be suspended only once, and community service and lecture attendance order shall be additionally determined