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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence 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 5, 2016, at around 03:00, the Defendant driven B 130 automobiles while under the influence of alcohol with approximately 0.222% of alcohol concentration at approximately 4.96 km in the south-ro of the same Gu, south-gu, Seoul High-dong, to the roads before the National Institute for Lifelong Education Promotion.
Summary of Evidence
1. Statement by the defendant in court;
1. A written consent to request the collection and appraisal of blood, and a manual of crackdown;
1. Response to a request for appraisal;
1. Application of Acts and subordinate statutes to report on investigation (referring to hearing of statements of on-site conditions of police officers in mobilization, and reporting of photographing conditions, etc. at the time of
1. The phrase “Article 148-2(2)3” as stated in the pertinent legal provisions and the applicable legal provisions of Article 148-2(2)1 of the Road Traffic Act, which applies to the crime, appears to be a clerical error.
Article 44 Section 1 (Selection of Imprisonment)
1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);
1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);
1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.
[The favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime, and the Defendant did not cause other damage, such as traffic accidents, and the Defendant did not have any record of punishment exceeding the fine.
(1) [Unfavorable Circumstances] The instant crime is that the Defendant driven a motor vehicle while under the influence of alcohol 0.22% in blood, and its nature is not good, the Defendant’s blood alcohol concentration is high, the Defendant interfered with traffic or was at risk of an accident due to locking the vehicle while stopping the vehicle on the crosswalk, and the Defendant.