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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 29, 2018, at around 22:40, the Defendant driven a car with Burstom in the state of alcohol with approximately 100 meters alcohol concentration at approximately 0.184% from the road near the Eunpyeong-gu Seoul Metropolitan Government 427-1, to the road near the Gu 264-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to a response to a request for appraisal and a report on detection of a primary driver;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Selection of imprisonment with prison labor, considering the fact that the grounds for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures have a number of records of having been punished for drinking and driving without a license during the period from 2002 to 2009, however, considering the fact that there is no record of having been punished since 2010, the punishment as ordered shall be determined.