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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 April 19, 2015, at around 22:35, the Defendant driven the E Alti-M car volume at one meter while under the influence of alcohol concentration of 0.230% on the front side of D in Nam-gu Busan Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the report on detection of the driver, the report on the status of the driver's license and the report on the circumstantial statement of the driver's license;
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 (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other factors as well as the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., the execution of the sentence is suspended only once more than that of the Defendant’s imprisonment with prison labor for a long time, but it is reasonable to order the Defendant to provide community service and to attend a compliance driving course for a certain period of time. Thus, the sentence is determined as above.
D. Unfavorable circumstances: The defendant's crime of this case is highly likely to be criticized without being subject to criminal punishment on several occasions for the same crime.
The defendant seems to have significantly increased the risk of traffic accidents due to the very heavy influence of alcohol.
The defendant recognized the crime of this case.
Even if the defendant is happy, the distance of the defendant's vehicle is relatively short.