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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 27, 2017, around 21:45, the Defendant driven a B-car under the influence of alcohol content of about 0.205% in a section of approximately 900 meters from the pre-road of the C-ro 176-ro, Chungcheongnam-gu, Gwangju to the front side of the C-ro 229-ro, the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. An accident scene photograph;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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. In full view of the facts that there was a record of being punished three times due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there was no history of crime exceeding fines due to traffic crimes, the time when the last drinking driving was punished for more than 10 years has passed around October 2004, the degree of alcohol content, driving distance, the defendant's age, sexual behavior, environment, circumstances after the crime, etc., all the sentencing conditions shown in the arguments in the instant case shall be determined as ordered.