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A defendant shall be punished by imprisonment for six months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 21, 2018, around 23:30 on July 21, 2018, the Defendant driven a C low-speed car in the state of alcohol concentration of 0.104% in the 2km section from the roads of Seoul Gwanak-gu Seoul Special Metropolitan City for the Prevention of New Disease to the roads of 59:00 in Guro-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Article 1148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is three times the driving force of drinking alcohol, and the fact that drinking value is relatively high is disadvantageous to the defendant.
However, there are more favorable circumstances such as the fact that the drinking driving power has been relatively long, and that there is no record of punishment more than a suspended sentence.
In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor, but the social service and compliance driving lectures are taken.
It is so decided as per Disposition for the above reasons.