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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 7, 2017, the Defendant driven a car B with alcohol content of 0.201% in blood, from the parking lot in the Dong-si, Young-si, Seoul Metropolitan City, to the airspace in the south-dong of the Seoul Metropolitan City, Seosan, the Defendant driven a car B with alcohol content of 0.201%.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the reporting on detection of the driver involved and the statutes of the response request for appraisal;
1. The provision of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. While the defendant, who has been punished for driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, is under the influence of alcohol, the nature of the crime is not weak, and in particular, driving under the influence of alcohol is a large accident by driving under the influence of considerable influence and physical exercise ability, which may cause serious harm to unspecified people, there are circumstances unfavorable to the defendant, such as the fact that the defendant recognizes his mistake and is against the defendant, there is no record of being sentenced to the punishment exceeding the fine for the same crime, and all other circumstances constituting the condition of sentencing, such as the defendant's age, sexual behavior, environment, etc., the punishment shall be determined as ordered