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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
On July 7, 2017, around 00:35, the Defendant driven a B-house under the influence of alcohol level of about 0.134% from around 50 meters from the parking lot adjacent to the Dong-dong community service center located in the Gu-dong, Jin-si, Seoul Special Metropolitan City to the front road of the police station in the Jinhae Sea located in 815 as the same Gu.
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. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is divided into and against the Defendant’s mistake in depth, and there are some circumstances to consider the motive and circumstance leading to the instant crime. The Defendant previously committed the instant crime, including the fact that there are several records of punishment resulting from drinking even before, and as a result, set the sentence like the order, taking into account various conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the Defendant’s age, sexual behavior, intelligence, environment, etc.