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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 June 20, 2019, at around 07:40, the Defendant driven a 2 km-free car from the front of C in Kimpo-si to Kimpo-si Kimpo-si, Kimpo-si, according to Kimpo-si Kimpo-si, while under the influence of alcohol of 0.13% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, notification on the results of the drinking driving control, and application of Acts and subordinate statutes to the traffic accident report;
1. Article 148-2(2)2 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Act on the Order to Provide community service and attend lectures is an offense in which not only the person himself but also another person's life can be taken, and its nature is poor, and the defendant has been punished twice due to the violation of the Road Traffic Act, but also commits the instant crime, and the defendant has committed a traffic accident, and the defendant is disadvantageous to the defendant.
However, considering the fact that the defendant recognized the crime of this case and reflects the fact that there is no record of the same punishment exceeding the fine of the defendant, etc., the circumstances favorable to the defendant shall be considered, and the overall sentencing factors indicated in the records and arguments of this case, such as the defendant's age, environment, character and conduct, motive and means of the crime, and circumstances after the crime, shall be determined as ordered