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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
[criminal history] On July 1, 201, the Defendant is a person who has been under the summary order of KRW 2.5 million for a crime of violating road traffic law in the support of the Daegu District Court Kimcheon on July 1, 201, and on July 19, 201, the Defendant was under the summary order of KRW 2 million for a crime of violating road traffic law (drinking) at the Seog branch court of the Daegu District Court on July 19, 201 and has two or more times of drinking driving skills.
[Criminal facts] On April 19, 2017, the Defendant driven Bone Star Co., Ltd. with approximately 300 meters alcohol concentration at approximately 0.184% under the influence of alcohol at around 00:45, in the state of alcohol around the 300-meter radius from the NAma to the front of the Maume community hall located in the same Dong and Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes concerned, such as a reply to inquiries, a summary order, etc., such as criminal history;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.
The defendant was punished for a fine on three occasions due to drinking, but he was also driving under the influence of drinking.
The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.