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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On March 7, 2013, the Defendant, while under the influence of alcohol 0.218% of blood alcohol concentration on March 23:50, 2013, driven a 10km B-learning vehicle from the front of the Cheongju-dong Cheongju-dong Cheongju-dong Medical Center to the front of the Dogdong-dong 36-3, Suwon-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the survey report on actual conditions, photographs, etc. of accident site, reports on detection of the drinking driver, and reports on circumstantial statements of the drinking driver;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the confession and reflect of the crime by the defendant, the fact that the defendant has no record of the crime except that sentenced once to a fine due to the same kind of crime, the defendant's blood alcohol content exceeds 0.218%, and the defendant's age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc. shall be determined as ordered in consideration of all the factors of sentencing such as