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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 24, 2008, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act at the Changwon District Court on January 24, 2008, and on January 7, 201, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a crime of violating the Road Traffic Act (driving), etc. at the same court on January 7, 201, and on August 26, 201, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a crime of violating the Road Traffic Act.
On December 6, 2017, at around 23:35, the Defendant driven a B flobbbbing-down truck with alcohol concentration of about 0.09% while under the influence of alcohol at around 0.09% while under the influence of alcohol at around 50 meters from the front day of the Hannam-si, Kimhae-si to the front day of the Seoul king-do cafeteria-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Road Traffic Act violation (driving of alcohol and driving without a license) reporting on detection of a suspected person, notification on the results of regulating the driving of alcohol, report on the circumstances of a driver driving under the influence of alcohol, investigation report (report on the circumstances of a driver driving under the influence of alcohol), and the register of driver licenses of
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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;
1. Article 62-2 of the Social Service Order Criminal Act provides that alcohol concentration (0.099%) among the blood transfusions with the reason of sentencing (0.09%) is not easy.
The defendant has been punished several times, including one time of suspended sentence of imprisonment with prison labor due to drinking driving in the past and two times of imprisonment with prison labor.
The crime of drinking without a license is heavier than the nature of the crime.
However, the Defendant, recognizing the instant crime, is against the Defendant.
The past history of punishment is a crime before 2011.
In addition, the defendant's age, sex, and this case.