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A defendant shall be punished by imprisonment for four 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
On April 22, 2019, around 21:08, the Defendant driven a FN-si car at approximately 200 meters from the front of the “C” party road located in Macheon City B to the front road located in D around that time, while under the influence of alcohol leveling to 0.070% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes governing blood alcohol appraisal;
1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;
1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the criminal records of the defendant (the interval between the same type of power and the previous same type of punishment power), the nature of the crime in this case, the degree of blood alcohol concentration of the defendant at the time of driving in this case, the driving distance of the defendant, the details of the crime, the circumstances after the crime, the reflectivity of the defendant, and the family relation, shall be comprehensively considered and determined in the same sentence as the order.
It is so decided as per Disposition for the above reasons.