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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 21, 2017, at around 05:40, the Defendant driven a B-type car from around 2 km to around 05:52 on the same day from the 139 Gongdong-dong Pung apartment parking lot to the same road in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, with a alcohol level of 0.135% during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished twice due to drinking alcohol driving in the past, and again commits the instant crime, considering the circumstances that are disadvantageous to the Defendant, such as the fact that the amount of alcohol concentration in blood during the instant crime is very high at the time of the instant crime, and the Defendant reflects the fact that the Defendant recognized the instant crime, that the Defendant has no history of punishment exceeding the past fine, that there was no family members to support the Defendant.