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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 March 25, 2017, at around 19:44, the Defendant driven B car with alcohol content of approximately 0.218% from the 15km section to the street intersection located in the Nowon-gu in the same military, “A cafeteria” (hereinafter “A cafeteria”) located in the area where the Defendant was under the influence of alcohol by 0.218%.
Summary of Evidence
The defendant's legal statement of traffic accident occurrence report, actual condition investigation report, appraisal report, appraisal request (blood appraisal request) and response to the request for appraisal, driver's license register, tea inquiry, and driver's detection report (blood collection result) applicable to the criminal facts subject to Acts and subordinate statutes, the pertinent Article of the relevant Act and Articles 148-2 (2) 1 and 44(1) of the Act on the Mitigation of Small Amount of Punishment, and Articles 53 and 55(1) 3 of the Act on the Suspension of Execution of Article 62-2 of the Social Service Order Act of Article 62-2 of the Criminal Act of the Social Service Order under Article 62-2 of the Act on the Suspension of Execution of Article 55(1) 3 of the Criminal Act, including the degree of driving at the time of drinking, the distance of the defendant, as well as the defendant's age, sex, environment, motive, means and result after the crime, shall be determined in consideration of all the following circumstances.
D. Unfavorable circumstances: The defendant is recognized to commit a crime and against himself/herself in light of the fact that he/she has been subject to one-time suspension of execution and three-time fines due to drinking driving, and that he/she has committed an accident due to the occurrence of the accident: