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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 6, 2012, at around 18:50, the Defendant driven C Lina-type car under the influence of alcohol concentration of about 0.303% in a section of approximately 800 meters in front of the Dong-gun apartment complex located in the front of the Dong-gu apartment complex, which is located in Gangseo-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of statutes on field photographs;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the number of alcohol content at the time of the instant case is considerably high, considering that the Defendant
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;