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1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] The defendant is a person who has a record of criminal punishment twice or more due to drinking, such as having been sentenced to a summary order of a fine of one million won due to a violation of road traffic law at the Suwon Flag on October 5, 2007, and a summary order of a fine of four million won by the above court on April 2, 2010 as the same crime.
[Criminal facts] On July 29, 2018, the Defendant driven C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the driver involved and response to a request for appraisal;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to suspect drinking power);
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. 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.
The circumstances that the Defendant committed the instant crime without being aware of the fact that he/she had been punished twice due to driving under drinking: (a) the Defendant committed the instant crime without being aware of the fact that he/she had been punished by a fine; (b) the Defendant shows an attitude to recognize and seriously reflect his/her wrongness; (c) one parent is raising a minor by neglecting his/her own care; (d) the Defendant has been under the influence of raising the minor by drinking the same for six hours; and (e) the Defendant has been under the influence of drinking after