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A defendant shall be punished by imprisonment with prison labor for up to six 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 October 5, 2017, the Defendant driven a B-ri car under the influence of alcohol content of approximately 0.282% in a section of approximately 200 meters, from around 200 meters to around 0.282% in alcohol content in blood, from the road to the center of the south of the same Eup/Myeon, where 1-4 another 91-4 another Do, Nam-gu, Chungcheongnam-gu, Nam-dong, Nam-gu, Seoul, Gyeongnam-do.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into consideration the following circumstances: the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances of sentencing indicated in the records, including the circumstances after the crime.
An unfavorable circumstance: A normal situation that has the record of punishment for the same kind of crime: there is no record of punishment exceeding the fine.