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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On March 6, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court, and a fine of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving) at the Seog Branch of the Daegu District Court on September 3, 2009.
[Criminal facts] On December 20, 2015, the Defendant driven a Korean-style live-transport vehicle from the road front of the Korean-U.S. Mandong located in the Mandong of Daegu Northern-gu to the road front of the Mandong located in the same Gu rocks, while under the influence of alcohol level of 0.067% among the blood transfusion around 22:20 on December 20, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous conviction: Application of a written inquiry about criminal history and a copy of a summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.
Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking on several occasions.
A favorable normal situation: The defendant would not re-be forced to prevent re-offending.
The degree of alcohol concentration in blood is not so high.