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A defendant shall be punished by imprisonment for not less than one year and 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
Punishment of the crime
On October 9, 2019, at around 04:10, the Defendant driven a e-mail in the state of alcohol of about 300 meters from the front of the C cafeteria located in Seo-gu Daejeon to the front of the Daejeon-gu D, Seo-gu, Daejeon, with a blood alcohol concentration of about 0.308%.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;
1. Relevant provisions of Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a class was 0.308% of the Defendant’s blood alcohol content at the time of the detection of the instant case, and the fact that the Defendant’s blood alcohol content was 0.308% of the Defendant’s blood alcohol content at the time of the detection of the instant case, and was in a state of exploitation to the extent that he was unable to see and shock the vehicle that was parked in the front bank. However, the Defendant recognized the error and reflects the fact that the Defendant was guilty