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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 21, 2019, at around 22:35, the Defendant driven a car in Fteas, while under the influence of alcohol content of about 500 meters from the front of the C Association located in Ischeon-si B to the front of the E Office located in D, the Defendant driven a car in Fteas, while under the influence of alcohol content of about 0.158%.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the Report on circumstantial statements of a drinking driver, the report on the situation of a drinking-driving, and the control of a drinking-driving;
1. Relevant Article of the Act on Criminal Facts and Articles 44 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that the Defendant once driven a drinking alcohol again even though he had the history of drinking alcohol four times, and the degree of blood alcohol concentration at the time was also high.
However, the defendant's drinking driving force is 10 years prior to all.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.