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A defendant shall be punished by imprisonment for 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
Criminal facts
On June 9, 2014, at around 17:50, the Defendant driven Cone Star-kick in the state of alcohol alcohol concentration of about 500 meters from the front of the community service center located in Seongdong-gu, Sungnam-si to the front of the new interest-based road located in the same city of Jungwon-gu, Jungwon-gu, and at least 0.314% of alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the following reasons for sentencing):
1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)
1. In full view of the favorable circumstances such as: (a) the fact that there are two times a history of committing a crime of the same kind of drinking alcohol driving with the reason of sentencing under Article 62-2 of the Criminal Act; (b) the danger of drinking alcohol driving by the provision of traffic accidents during the drinking driving; and (c) the fact that the drinking alcohol level is very high as indicated in its reasoning; (d) on the other hand, the Defendant recognized the Defendant’s mistake and reflects; and (e) other favorable circumstances such as the Defendant’s age, character, behavior, environment, etc., which are favorable conditions for sentencing, the Defendant shall be sentenced to imprisonment within the scope of the statutory punishment mitigated by discretionary mitigation; and (e) the execution of the sentence is deemed appropriate to be suspended on condition of the implementation of community service