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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 April 7, 2019, at around 04:02, the Defendant driven C Eccoo vehicle from approximately 3km to the front of the Seoul Eunpyeong-dong to the same Gu’s apartment complex while under the influence of alcohol by 0.147% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;
1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “imprisoned circumstance”) (hereinafter referred to as “imprisoned circumstances”) is that the Defendant has a high possibility of undermining the instant crime even though he/she had a record of criminal punishment several times due to drinking driving in the past.
At the time of the instant crime, blood alcohol concentration is also high.
[Ligue circumstances] The defendant is against the defendant's confession of the crime of this case.
No additional damage has occurred.
Although there are many kinds of criminal records for the defendant, the criminal records, which were punished due to the immediately preceding criminal acts of this case, were about 12 years, and the defendant has no record of criminal punishment since 2008.
Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.