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A defendant shall be punished by imprisonment with prison labor 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 September 1, 2019, around 19:10 on September 1, 2019, the Defendant driven a DNA car under the influence of alcohol with a blood alcohol concentration of 0.163% from the 5.5 km section to the front road of the same city, south-gu, South-gu, Nam-gu, Seoul, and approximately 5.5.km to the front road.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a report on the results of crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include the records that the defendant has been punished three times for the same crime. However, the crime of this case has been led to the confession, and the mistake has been divided, and the same criminal records have been punished not later than 13 years prior to the 13-year period, and the defendant supports his mother and leakage, and other factors for sentencing such as the age, environment, blood alcohol concentration and distance, and circumstances after driving the crime shall be determined as ordered by the order.