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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 July 8, 2018, around 08:50, the Defendant driven B K5 cars with approximately 5km alcohol concentration of about 0.201% while drunk from 08:50 to 120 roads in Seo-gu, Gwangju, Seo-gu, Seo-gu, Gwangju.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Response to a request for appraisal;
1. Application of Acts and subordinate statutes to a report on detection of drivers;
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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The Defendant again committed the instant crime even though he/she was punished for drinking driving in 2016, the blood alcohol concentration was very high, and the Defendant eventually caused a traffic accident while driving alcohol.
(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.