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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] The defendant is a person who has been punished on at least two occasions due to drinking, such as being sentenced to a fine of three million won due to a violation of road traffic law at the Daegu District Court on November 13, 2006, and being sentenced to a summary order of three million won due to a violation of road traffic law at the same court on March 18, 2010.
[2] On February 2, 2017, the Defendant: (a) driven a Category B car under the influence of alcohol content of about 0.104% from a section of about 700 meters to a point of 0.104% in blood while under the influence of alcohol from the area of 700 meters to the area adjacent to ice in the territory of Doldong-gu, Daldong-gu, Daldong-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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 suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time of punishment imposed by the defendant for the same kind of crime, the alcohol content during the blood transfusion at the time of drinking driving, the circumstances of the crime of this case, the family and support relationship of the defendant, and the circumstances after the crime, etc., and determining the punishment as ordered by considering the various reasons for sentencing as shown in the argument of this case.