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A defendant shall be punished by imprisonment for four 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 December 23, 2016, the Defendant driven a B B B B car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.093% on the front road of the 2nd son's alley parking lot located in the Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu, Busan at the time of Goyangyang, from the front road of the 100th Dom of the same Gu to the front road of the local lower-road of the 97-11 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, the choice of imprisonment for a crime (the consideration, such as the fact that the defendant has been punished several times due to driving of alcohol or refusing to measure drinking, even though he/she had the record of punishment on several occasions due to driving of alcohol or refusing to measure drinking, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Do1148, Apr. 1, 2011);