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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 April 2, 2018, the Defendant driven a vehicle B with alcohol level of about 200 meters from around 13:20 to the next road of the construction site of the ASEAN, which is located in 28-ro of the same city, from around 13:20 to around 232% of the blood alcohol level, at around 200 meters in front of the development road of the Dapo-dong of Kimpo-si at Kimpo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to make a survey report on actual condition, the notification of the results of regulating drinking driving, the circumstantial statement report on the driver of drinking, and the situation report on drinking driving;
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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing indicated in the records, such as the following circumstances and alcohol level, driving distance, age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined in full view of the following conditions of sentencing:
- Drinking driving is highly dangerous and social harm and requires strict punishment.
- The Defendant was driving under the influence of alcohol to the extent that the blood alcohol concentration reaches 0.232% and caused a traffic accident.
- Although there was a history of punishment for a fine of 3 times due to drinking driving, 10 years have passed.
There shall be no history of punishment exceeding a fine.
- The defendant is able to repent his mistake and not repeat his offense.