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The punishment of the accused shall be determined by four months of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 22:10 on October 19, 2018, the Defendant driven an E vehicle under the influence of alcohol content of about 50 meters from a 50-meter section to the front road of the D convenience store located in the Yansan-gu Seoul Special Metropolitan City, Yansan-si B, Seoul Special Metropolitan City, to the front road of the D convenience store located in the Yansan-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to notify the results of drinking driving control;
1. Relevant Article of the Act and Articles 148-2 (3) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. An order of education under Article 62-2 of the Criminal Act, the frequency and contents of the record of punishment for the same kind of crime, the final and identical records, the time interval between the defendant and the crime of this case, the defendant's mistake is divided, and the age, character, conduct, environment, circumstances of the crime, circumstances after the crime, etc. of the defendant, shall be determined by taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior