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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
[criminal history] On September 24, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the resident support by the Daegu District Court on September 24, 2012, and a summary order of KRW 5 million for the same crime in the same court on December 27, 2013.
[2] On March 6, 2018, around 14:15, the Defendant driven a Boper XG car with approximately 400 meters alcohol level 0.207% under the influence of alcohol level from around 400 meters to the road in the same Eup/Myeon located in the same Eup/Myeon.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Reporting the circumstances of driving a driver, making a statement on the circumstances of a driver driving a driver driving a driver, making a report on detection of a driver driving a driver driving a driver, and making inquiries about the results
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 11), summary order, and three copies 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. The reason for sentencing of Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures is that the defendant repeatedly commits drinking driving, and the drinking driving level in this case is very high.
The above is considered as an unfavorable circumstance.
However, it shall be considered in favor of the defendant that the defendant recognizes and reflects the crime.
In addition, the sentencing conditions of this case, such as the defendant's age and family relations, and the records, shall be determined as per the disposition. In consideration of the fact that the defendant suffered mental difficulties and this may affect drinking driving, the defendant's response to drinking testing by the protection observation officer shall be specially observed.