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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 June 9, 2014, at around 22:48, the Defendant driven a low alcohol vehicle in the state of alcohol with a maximum of about 1 km alcohol concentration of 0.226% from the section of approximately 1 km from the front of the natural chickens house located in the Sonsan-gu, Seoul-si, to the front day of the Jeonju Tax Office located in the same Gu-Efficial Automatic.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes on investigation reporting;
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. 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 reasons for sentencing under Article 62-2 of the Criminal Act include two times of drinking alcohol driving and three times of a licenseless driving, and the fact that the Defendant again commits the instant crime, although it is deemed that he/she committed the instant crime, the circumstances and the nature of such crime are not less than that of the Defendant, there is no criminal penalty power exceeding fines due to the same kind of crime, there is no criminal penalty power exceeding the fine due to the same kind of crime, and the sentencing materials indicated in the records, such as the Defendant’s family environment, health condition, etc., the execution of imprisonment is suspended, and the community service and the order to attend lectures are determined in addition to the orders.