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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 8, 2013, the Defendant, while under the influence of alcohol on 0.251% of blood alcohol concentration at around 0.23:08, driven B New Hamp Pool from the 400-meter section to the front of the middle distance at the entrance of the Jan beach at the Slsan-gun, Ulsan-gun, Seoul-do, multiplied by a mutual influench, which is located near the three-distance from the entrance of the Jando-gun to the middle distance at approximately 400 meters.
Summary of Evidence
1. Defendant's legal statement;
1. A police driver's report;
1. The application of Acts and subordinate statutes governing blood alcohol appraisal;
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. The sentence of Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is high, and the Defendant has a number of criminal records, including two same kinds of fines, and thus, the Defendant is not subject to a sentence of imprisonment.
However, the execution shall be suspended in consideration of the fact that the period of punishment for drinking driving has elapsed for a long time, but since the risk of recidivism is recognized, the probation and compliance officer's order to attend a lecture shall be determined as ordered.