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A defendant shall be punished by imprisonment for not less than eight 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 November 22:40, 2016, the Defendant driven a C-learning car with alcohol content of about 15 km from the Defendant’s house located in Sacheon City B to the 15-km road in front of the Republic of Korea Modern.
Summary of Evidence
1. Statement by the defendant in court;
1. Written appraisal, reply, blood alcohol appraisal;
1. Application of Acts and subordinate statutes on the scene of traffic accident;
1. Relevant Article of the Act and Articles 148-2 (2) 1 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 defendant's records of the same crime with the reason of sentencing under Article 62-2 of the Social Service Order Act, the records of the drinking of this case and the drinking volume of drinking, etc. are the circumstances disadvantageous to the defendant.
However, within the last ten years, the sentence shall be determined as ordered in consideration of the fact that only one fine is imposed on the same power and the conditions of sentencing, such as the family environment of the defendant.