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A defendant shall be punished by imprisonment with prison labor for up to 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 February 2, 2019, around 22:23, the Defendant driven an EK5 vehicle while under the influence of alcohol 0.094% of blood alcohol concentration in the section of approximately 500 meters from the two cities to the front road of the “D gas station” in both cities from the two cities to the two cities.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;
1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;
1. The scope of punishment by law: Imprisonment with prison labor for one month to six months;
2. No sentencing criteria shall be set;
3. The Defendant, while under the influence of alcohol content 0.094%, driven a passenger car at approximately 500 meters at a level of alcohol.
The Defendant committed the instant crime on February 2, 2017, even though he had the record of being punished for the suspension of execution due to the violation of the Road Traffic Act (driving) and the obstruction of performance of official duties.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the blood alcohol concentration and distance of such accused; (b) the driving distance; (c) the content and distance of the previous penal records; and (d) the age and character of the accused; (b) family relationship; (c) motive and means of the offense; (d) the circumstances after the offense; and (e) the life sentence of the prosecutor