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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
On May 26, 2017, at around 13:55, the Defendant driven B Poter in the state of alcohol alcohol concentration of about 0.233% in the first 2km section of the beginning 2km of the Sin-dong, Hannam-Eup fishery Ri, in front of the non-fection restaurant, the Defendant driven B Poter under the influence of alcohol content of about 13:5.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a report on the circumstances of a driver who is placed in driving and a notice of the result of drinking control;
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. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the fact that there was a record of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, and the sentencing conditions indicated in the records after the crime was committed