Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2016. 9. 11. 21:30 경 전주시 덕진구 인후 동에 있는 선비 집 앞 도로에서부터 같은 구 견 훤 왕궁로 98에 있는 진안 식당 앞 도로에 이르기까지 약 2km 구간에서 혈 중 알코올 농도 0.234% 의 술에 취한 상태로 B 스타 렉스 차량을 운전하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the detection of suspected victims of violating traffic laws on roads;
1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;
1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Reasons for sentencing under Article 62-2 of the Criminal Act – The reason for sentencing under Article 62-2 of the Order to Attend education – The circumstances unfavorable to the defendant are one time before the same criminal record (driving alcohol): the degree of the principal practice (0.234%) - The normal conditions favorable to the defendant: serious reflectivity, the absence of the same criminal record as or higher than the suspension of execution; and the comprehensive conditions for sentencing under Article 51 of the Criminal Act;