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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 27, 2013, at around 22:00, the Defendant driven B Ap-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to notification of the actual condition survey report, the report on the actual state of driving under the influence of alcohol and the control of drinking alcohol;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act: Defendant, on April 27, 2012, was sentenced to a fine of 6 million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) on April 27, 2012, and again committed the instant crime of drinking alcohol again, and the drinking alcohol level reaches 0.208%, etc., the liability for such crime is not weak.
However, the probation and community service order should be sentenced on the condition that probation and community service order are subject to discretionary mitigation by taking account of various sentencing factors, such as the fact that the defendant is against the recognition of the crime and that there is no criminal record other than the above criminal records.