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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 November 11, 201, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act from the Chuncheon District Court, and a summary order of KRW 4 million for the same crime from the Gangnam Branch of the Chuncheon District Court on December 22, 201, respectively.
On March 28, 2017, around 07:30 on March 28, 2017, the Defendant driven a B bpool flick truck with approximately 0.052% alcohol concentration in blood at the section of about 30 meters from the 30-meter radius to the 2-3rd Myeon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Report on the circumstances of driving under the liquor:
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture are as follows: (a) under the unfavorable circumstances such as the fact that the defendant committed the instant crime without being aware of the fact that he/she had been punished twice due to drinking driving; (b) the defendant recognized the instant crime; (c) the defendant has no record of being punished in excess of the fine due to the same kind of crime; and (d) other favorable circumstances such as the defendant’s age, sex behavior, environment, and circumstances after the crime, etc., and various conditions of sentencing as shown in the arguments,