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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 18, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), etc. at the Changwon District Court on April 18, 201, and on September 13, 201, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court.
Even though the Defendant had driven a motor vehicle under the influence of alcohol twice as above, on January 3, 2016, while under the influence of alcohol at a level of 0.076% in the blood of around 02:30 on January 3, 2016, the Defendant driven BM5 motor vehicles at a level of approximately 100 meters from the front of the 2rd-gu Seoul Western-dong Yandong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul to the shooting distance at the entrance of the same YO community.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Notice of the result of crackdown on driving drinking;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving drinking twice, was driving at once without any special reason.
그러나 피고인이 대리 운전 기사를 기다리다가 과로 탓에 깜빡 졸음 운전을 하게 된 것이고 피고인이 이 사건 범행을 반성하는 태도를 보이고 있다.
In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.