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The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 8, 2016, the Defendant driven a cub car from approximately 300 meters away from the front of a mutual influent restaurant located in the south-gu Cheongdong-gu, Nam-gu, Seoan-gu to the roads adjacent to the wall glukeing distance, in the same Gu, while under the influence of alcohol content of 0.22% during blood transfusion at around 10:16, the Defendant driven a cub car from approximately 300 meters away from the cubing.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the arrest of the occurrence of the case, a copy of the ledger using the measuring instrument for drinking, and a report on the situation of the driver;
1. Application of statutes on site photographs;
1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment as ordered is determined by comprehensively taking account of the following circumstances: (a) the Defendant’s blood alcohol concentration was very high for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the period of probation for the same kind of crime has not passed; (c) the Defendant’s criminal punishment records (which can have the records of the suspension of the execution of the same type and fine); (d) the Defendant recognizes and reflects the crime; (e) the Defendant did not cause any traffic accident; and (e) the Defendant’s age, sex behavior, environment, and the process of the crime, etc. at the instant trial.