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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 12, 2017, around 01:36, the Defendant driven BM5 car under the influence of alcohol content of 0.201% in the 2km section from the fire shooting distance of Gangseo-gu Seoul Metropolitan Government to the front road of the commercial village of about 3-26 km-ro 5-gil, the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;
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. 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. The grounds for sentencing two times under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are two times, but there is no previous conviction in addition to fines, and the amount of alcohol concentration in the blood of this case is considerably high, and other factors such as the Defendant’s age, environment, background, driving distance, driving distance, and circumstances after the crime, etc.