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A defendant shall be punished by imprisonment with prison labor for up to 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 July 30, 2017, the Defendant driven B-low vehicle at approximately 30 meters away from a 30-meter section of the road front the river in the riverside park, which is in the state of under the influence of alcohol with 0.137% of alcohol content among blood transfusion 0.137%.
Accordingly, the Defendant driven an automobile while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;
1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend three times, based on the following circumstances: (a) the Defendant’s previous convictions due to drinking or refusal to measure drinking (two times among them are limited to driving without a license); (b) the driving distance of drinking is short; (c) the Defendant’s age, family environment; (d) the period of the offense; (e) the period between the Defendant’s previous convictions and the instant offense; (e) the period between the Defendant’s blood alcohol concentration at the time of the offense; and (e) the circumstances after the offense, etc. shall be determined