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A defendant shall be punished by imprisonment 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 October 16, 2016, at around 23:05, the Defendant driven BpD car with approximately 300 meters alcohol concentration at a section of about 0.124% under the influence of alcohol at around 0.124% from the ecological tunnel, which is in front of the restaurant at the same time in the same ero-dong, in an abscopic speed.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment shall be determined as ordered in order to prevent recidivism in light of the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act (two times of drinking and no license), and the numerical value of drinking in this case, etc.