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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 29, 2019, at around 23:30, the Defendant driven a F window-car in the state of alcohol alcohol concentration of approximately 0.241% at the section of approximately 2 meters from the front of the “C” main point in Dacheon-si B to the front of the “E” in Dacheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);
1. Application of Acts and subordinate statutes to a written appraisal of blood alcohol and notification of the result of crackdown on drinking driving (blood collection result);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.
The defendant was punished by a fine in light of the influence of alcohol in 2003.
Blood alcohol concentration is very high.
The favorable circumstances: The mistake is recognized and reflected.
The driving distance is very short.