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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
On January 18, 2012, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on July 31, 2013, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on July 31, 2013, and on November 20, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on November 20, 2015.
On March 23, 2019, at around 21:45, the Defendant driven a F-wing truck under the influence of alcohol 0.057% of the blood alcohol concentration at approximately 3km from the front of the C funeral hall located in Ischeon-si B to the front of the E-ray located in Tonju City.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. An inquiry report, such as a criminal history;
1. Summary order and application of Acts and subordinate statutes; and
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures shall take account of unfavorable circumstances, such as the frequency of the same kind of crime, driving distance, etc. for sentencing, but the fact that the time is human and reflects, and the fact that the drinking is not possible again, etc. shall be considered as favorable circumstances.
In this regard, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and the degree of punishment for the same kind of crime, are determined as above