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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 27, 2013, at around 21:45, the Defendant: (a) from the front of the restaurant of “Gumtan” located in the Cheongcheon-si, Cheongcheon-si to the front road in the same Cheongdong-dong, the Defendant: (b) transponed B with a blood alcohol content of about 500 meters from the front of the Cheongdong-dong, to the front road in the same Cheongdong-dong, and driven a car under the influence of alcohol content of about 0.124%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, application of Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Sentencing Article 62-2 of the Criminal Act provides that the defendant shall be punished strictly in light of the fact that he/she committed the instant crime even though he/she has been punished three times due to drinking driving, but a suspended sentence shall be imposed on the condition that he/she attend a lecture only once, considering the fact that he/she has no record of being punished for suspension of qualifications or more.