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A defendant shall be punished by imprisonment for not less than eight 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 March 7, 2019, at around 21:24, the Defendant driven the Epoter II freezing in the state of alcohol alcohol concentration of about 0.236% from the front road of the C Hospital parking lot located in Dongdaemun-gu Seoul Metropolitan Government to the road located in the same Gu D.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to reports on circumstantial statements of a host driver and reports on detection of a host driver;
1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although the Defendant had a record of being punished by a fine due to drunk driving, he/she again caused an accident in which he/she was parked while driving the instant drunk driving, and there is a high level of drinking and giving and receiving. Therefore, the Defendant needs to be punished corresponding thereto.
However, the defendant is discompeting his mistake and is against himself, and there is no record of criminal punishment in addition to the fine twice prior to this case.
Many personal damage did not occur, and physical damage seems to have been recovered from the insurance purchased by the defendant.
The defendant supports the mother and wife's consciousness, and the wife's health is not good.
Taking into account such circumstances and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, the court decides to trust the Defendant’s identity only once and to suspend the execution of the above imprisonment. The sentence is determined as per Disposition.