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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 power] On May 2, 2012, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on May 2, 2012; and on November 27, 2013, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 27, 2013.
【Criminal Facts】
On September 1, 2016, at least 20:55, the Defendant driven a B-car under the influence of alcohol with a blood alcohol concentration of at least 0.089% from approximately one kilometer to the front of 1687, from around the same so-called so-called so-called so-called “marn-gun, Sincheon-gun, Seocheon-do, G-gun, G-do, and the Defendant was under the influence of drinking twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;
1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (report on attachment of the same kind of power);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 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 ( repeatedly considering the grounds for discretionary mitigation);
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant who was sentenced to a fine twice due to drinking driving: The defendant recognized the crime of this case and seriously reflects the fact that there is no record of punishment exceeding the fine; the blood alcohol concentration of this case is relatively low; the defendant's age, character and behavior, environment, means and consequence of the crime; and the various sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by taking into account the following factors.