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A defendant shall be punished by imprisonment for not more than ten 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 Records of Crimes】 On November 18, 2010, the Defendant was issued a summary order of a fine of KRW 3 million at the Busan District Court due to a violation of the Road Traffic Act (driving). On December 23, 2010, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court on December 23, 2010.
【Criminal facts, while under the influence of alcohol level of 0.19% on December 15, 2017 at around 15:30, the Defendant driven a 500-meter Bad-Bad-Bad-Bad-Bad-car from the road near the lubbbbbb in Gangseo-gu, Busan to the intersection of the same name.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on driving of drinking, a written statement of the driver's license, and inquiry about the results of crackdown on driving;
1. Making teas;
1. Previous convictions: Application of each of the Acts and subordinate statutes of one copy of the inquiry letter, investigation report (Attachment of the judgment and summary order related to the past record of the crime), the text of the judgment, and summary order, 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. 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(1) of the Criminal Act include: (a) the fact that the defendant was driven by another person immediately after the control of the defendant and denies the driving of drinking, etc.; (b) the defendant's wrong recognition of his/her mistake and reflects his/her behavior; (c) the defendant again does not drive drinking; (d) the defendant does not have a criminal record of a fine or heavier punishment; and (e) the defendant's age, occupation, sex behavior, family relationship, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, family relation, and circumstances before and after the crime are determined
It is so decided as per Disposition for the above reasons.