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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 1, 2016, at around 21:30, the Defendant driven a D low-speed car at approximately 300 meters away from the roads near the convenience store in Jeju to the roads near the above convenience store via the same city, while under the influence of alcohol of 0.189% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. E's statement of traffic accident-related person;
1. A report on the actual state of the driver;
1. 교통사고발생보고, 음주운전단속사실결과통보(A), 음주운전단속사실결과조회, 실황조사서⑴⑵
1. Application of the CCTV-faging Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he had been sentenced to a fine three times from 2004 to 2009 due to the crime of drinking driving, and the Defendant committed the instant crime; the Defendant’s blood alcohol concentration at the time of the instant crime; the Defendant’s blood alcohol concentration level at the time of the instant crime; and the Defendant’s accident leading to shocking the entrance of convenience points C while driving under the influence of alcohol. In light of the above, the Defendant should be
However, in light of the fact that the defendant is led to the crime of this case, the distance of the defendant's driving is not so long, the sentencing precedent in similar cases, and the age, character and conduct, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.