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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 May 10, 2016, around 06:53, the Defendant driven a B-A-di vehicle under the influence of alcohol with approximately 0.202% alcohol concentration from a 500-meter section from the street in front of 197-16, Songpa-gu Seoul, Songpa-gu to the roads front of the extreme apartment located in 192, Songpa-gu, Songpa-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Report on the circumstances of driving at home, consent to blood collection, response to requests for appraisal, application of Acts and subordinate statutes on investigation report;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had a criminal record of driving alcohol, and the drinking water of this case is at least 0.2% and is considerably high is disadvantageous to the circumstances.
However, the judgment is delivered with the order, taking into account all the sentencing factors indicated in the arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, consequence, etc., when the crime of drinking prior to a summary order of KRW 1 million on October 2009 was committed before 202, when the defendant has no criminal record, the defendant has no criminal record, and the defendant has committed any other crime.