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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 23:00 on November 3, 2018, the Defendant driven D Launa car under the influence of alcohol content of about 1.3 km from the 1.3km section to the mastal road located at the center of the 1180-ro, Yongsan-gu, Yongsan-gu, Goyang-si to the mastal road located at the center of the Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to notification of the circumstantial statements, investigation reports, and results of the regulation of drinking driving;
1. Relevant Article of the Act and Articles 148-2 (2) 2 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;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of the instant case, such as the course of attending lectures and the course of driving alcohol, driving distance, blood alcohol concentration at the time, the Defendant’s age, character and conduct, environment, family relationship, etc.
Disadvantageous circumstances: a crime that may cause serious damage to the life, body, or property of another person as well as his/her own, needs to be punished accordingly.
Although the Defendant had been punished for a fine on three occasions due to drinking driving, the Defendant was driving again in the state of drinking, and the risk of drinking driving was actually generated, such as causing a traffic accident.
The favorable circumstances: The defendant's mistake is against the defendant, and the drugs and interviews for the aftermath of alcohol are treated, etc., and the drinking driving is not allowed again.
It has been about 8 years since the date of the last crime of drunk driving.