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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 18, 2015, around 05:48, the Defendant driven a B car with alcohol content of 0.222% in a section of about 1km from the front of the Green restaurant located in the front of the Green Town in the Dong-dong of the same west-dong to the front of the commercial building in the same west-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report, an accident scene, a vehicle photograph, and a report on the occurrence of a traffic accident;
1. Application of Acts and subordinate statutes to the register of users of drinking instruments, such as a report on detection of drivers of drinking alcohol, a report on the circumstances of drivers of drinking alcohol, the appearance, uniforms, language, and attitude of drivers;
1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 in favor of the defendant among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. The Defendant, for reasons of sentencing Article 62-2 of the Criminal Act, has two criminal records of the same kind, and in particular, even though he/she received a summary order of KRW 1,500,000 from the Jeonju District Court on January 28, 2015 due to the same offense, he/she again committed the instant crime within a short time, and the degree of his/her principal offence is too serious in the instant crime.
Therefore, it is necessary to punish the defendant strictly.
However, considering the circumstances, such as the fact that the defendant's mistake is seriously against himself and there is no previous conviction of a suspended sentence or more, the execution of imprisonment in addition to an order to suspend the execution of an order to attend a law-abiding driving lecture, and other matters that constitute the conditions for sentencing, such as the defendant's age, sex, environment, etc., shall be determined as the same as the order.