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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.
Reasons
Punishment of the crime
On May 12, 2016, at around 15:37, the Defendant driven B rocketing car under the influence of alcohol with approximately 200 meters alcohol concentration of 0.20% from the 200m section to the entrance road of the same military air condition, which is located in the Dobong-gu, Jeonnam-gun, Seoul Special Metropolitan City.
Summary of Evidence
Defendant’s legal statement
Application of Acts and subordinate statutes to notify the state of state of drinking driving and the result of drinking driving control;
1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
2. Article 62 (1) of the Criminal Act;
3. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant, after 2005, has been sentenced once to a fine due to drinking driving, once a suspended sentence, once a refusal to take a drinking, and once a suspended sentence due to a driving without a license. However, it is necessary to severely punish the Defendant as a high drinking alcohol level.
However, in consideration of the fact that the defendant is against the wrong, the final suspension of execution shall be sentenced, but probation, etc. shall be ordered.