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A defendant shall be punished by imprisonment for one year.
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 August 18, 2020, the Defendant was under the influence of alcohol of 0.326% in blood alcohol concentration on August 18, 2020, and the Defendant was driving a vehicle with Cink at a section of about 7 km from the roads in the Jinhae-gu Seoul Special Metropolitan City, Jin-si B Studio to the roads in the parallel of 18:5% in parallel.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the Report on circumstantial statements, investigation reports, and records of the control of drinking driving;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 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. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures takes the attitude of recognizing and reflecting all the instant crimes even though the Defendant had no criminal record. However, considering the fact that the blood alcohol concentration was very high at the time of the instant crime, and that the traffic accident causing physical damage to the other party was caused, the sentence is determined as per the order.