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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 4, 2017, at around 09:23, the Defendant driven C lusc vehicles with approximately 15 km alcohol concentration of about 0.063% in blood while under the influence of alcohol from the street in front of Gwangjin-gu Seoul Special Metropolitan City to the street in front of Namyang-si, Namyang-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on detection (driving of alcohol) and a report on internal investigation;
1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;
1. Notification of the results of regulating drinking driving;
1. Application of statutes on site photographs;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment shall be determined by taking into account the circumstances under the grounds of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, method and mode of committing a crime, and the circumstances before and after committing a crime, etc.
- Unless there is a serious reflect, or no longer than a stay of execution for the last ten years, and the detention of the accused entails excessive difficulties for the dependent - Abstinence of a large number of drinking without a license;