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A defendant shall be punished by imprisonment for not less than eight months.
Provided, That 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 August 10, 2013, at around 01:54, under the influence of alcohol with a blood alcohol content of 0.250%, the Defendant driven CMF5 vehicle volume without a vehicle mandatory insurance policy in approximately 40 meters from the creative ginseng distance front of the Changsi in Pyeongtaek-si to the same three-distance safety zone.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on detection of a drinking driver and a written appraisal of blood alcohol;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment with labor for each type of crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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 on probation and order to attend a lecture is that the defendant has a record of being sentenced to each fine due to drinking driving on 2007, refusal of drinking alcohol measurement on 2010, and that the blood alcohol content of this case is very high. However, the defendant is recognized to commit a crime and the probation is suspended only once taking into account the various sentencing conditions indicated in the record, and the probation is also ordered to prevent recidivism.