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A defendant shall be punished by imprisonment for not more than ten 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 8, 2013, at around 23:30, the Defendant driven a B B B B B lua car while under the influence of alcohol content of about 0.290% in the section of about 3.5km from the front of the “commercial village” located in the Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government to the point of 7 km (board intersection direction) of the Ganpo-si, Kimpo-si, Kimpo-si.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes to report on the state of running a motor vehicle on a motor vehicle;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant reflects the mistake and that the accident does not occur due to driving under influence of alcohol);
1. Article 62 (1) of the Criminal Act (see, e.g., the foregoing circumstances and the facts that the defendant has no criminal records of suspended sentence or heavier);
1. Order to attend lectures under Article 62-2 of the Criminal Act;