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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On January 31, 2013, the Defendant driven B rocketing car with approximately 600 meters alcohol concentration of about 0.234% from the road in front of the Chungcheongnamnam Sports High School located in Yasan-si to the road in front of the water supply facility located in the same Dong from the road in the same Dong to the road.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each Act and subordinate statute to the report on detection of a host driver and the report on circumstantial statements of a host driver;
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;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant was punished for a traffic crime at least five times in total, and the defendant again committed the instant crime even though his previous convictions amounted to three times during the crime, and that the drinking driving level is considerably high, and that the occurrence of a traffic accident during the crime of this case causes physical damage.
However, it is favorable that the defendant reflects the crime, and that he scraped the above rocketing car after the crime of this case.
In addition, in consideration of the overall circumstances shown in the arguments, such as the age, character and conduct, environment, family relationship, etc. of the accused, a suspended sentence of imprisonment with prison labor accompanied by probation, community service order, and lecture order shall be imposed