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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2018. 7. 10. 20:42 경 서울 은평구 통일로 849 연 신 내역 부근 도로에서부터 같은 구 진흥로 122-3 부근 도로에 이르기까지 약 1km 구간에서 혈 중 알콜 농도 0.205% 의 술에 취한 상태로 B 포 르네 쿱 승용차를 운전하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to inquire about the results of regulating 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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is no history of punishment heavier than the fine for the same kind of crime, the driving distance is shorter, the recognition of mistake and reflects against the fact that there was a very high alcohol concentration in the blood at the time of the instant case, and the fact that there was two times of punishment by driving under the influence of alcohol in 200 and 2013, all of the sentencing conditions indicated in the record and the changes theory, such as the Defendant’s age, sex, family relationship, and circumstances before and after the instant crime, shall be considered.