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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 April 30, 2014, the defendant was sentenced to the suspension of indictment for the crime of violation of the Road Traffic Act at the 'government public prosecutor's office on April 30, 2014, and was decided to transfer juvenile protection cases from the 'government public prosecutor's office on July 21, 2014 to the crime of violation of the Road Traffic Act.
around 02:00 on July 16, 2016, the Defendant driven BL car at approximately 300 meters from the 65-2nd road in Yongsan-gu, Seoyang-gu, Seoyang-si to the 8555-2nd road in Goyang-gu, Seoyang-si, Seoyang-si to the 300-2nd road in Changyang-si, the blood alcohol concentration of which is 0.132%.
As a result, the Defendant violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol in violation of it again.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the driver and the report on detection of the driver;
1. Application of criminal records, inquiry reports and investigation reports (suspects' records of drinking driving twice)-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions, including the confession of the accused, the degree of alcohol content, the occurrence of accidents, the records stated in the judgment, the time gap between the date of immediately preceding detection and the date of immediately preceding detection, the age, character and conduct, environment, occupation and experience, family relation, circumstances of the crime, details of the crime, and circumstances after the crime, etc., the sentence shall