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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
At around 22:00 on March 8, 2013, the Defendant driven a B observer car from around 2 km to the front road of the Changwon-si in which the trade name in the Changwon-si window is unknown, while under the influence of alcohol by 0.212% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Application of the Acts and subordinate statutes to the investigation report;
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 extenuating circumstances among the reasons for sentencing);
1. The punishment shall be determined by taking into consideration favorable circumstances, such as the circumstances unfavorable to the defendant, the fact that the reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is excessive, the driving distance is not much high, and the danger of large traffic accidents has been caused by drinking exclusively to the extent that the signal atmosphere is diving, and the danger of large traffic accidents has been caused, in addition to once a fine due to drinking driving, etc., one time, which has no penalty power;
In addition, probation and lecture order is added in order to encourage the eradication of drinking driving.
It is so decided as per Disposition for the above reasons.