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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to a fine of two million won due to a violation of road traffic law (drinking) at the Daegu District Court on October 8, 2007, and on April 22, 2016, the Defendant was sentenced to a fine of two million won or more due to a violation of road traffic law (drinking) by the same court on April 22, 2016 and was sentenced to a fine of two million won or more.
[2] On December 23, 2016, the Defendant driven a B mountain-free vehicle with approximately 1 km up to 611 square meters in front of the Seocho-ri tree restaurant in front of the Sinsan City, in a state of under the influence of alcohol content of 0.09% in blood around 21:30 on December 23, 2016.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are the number of times and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and other various factors of sentencing as shown in the argument of this case, including the defendant's age, sex, environment, motive and circumstance after the crime, etc.