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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 November 19, 2017, at around 01:25, the Defendant driven a D cafeteria parking lot located in Gangdong-gu Seoul Metropolitan Government, with alcohol concentration of 0.215% in blood, using a method of walking at the E-Woo-man car and repeating the advanced dust from approximately 10 meters in the section of 10 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Application of statutes on site photographs;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing in favor of the defendant);
1. In light of the fact that there is a record of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, and the fact that the drinking value of this case is high (0.215%), the Defendant’s liability is heavy.
However, the defendant is sentenced to a suspended sentence in consideration of the circumstances, such as the fact that he/she has no record of punishment in addition to a fine once, the distance of operation is short, and the fact that he/she reflects the mistake in depth.