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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On July 14, 2006, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic laws at the Changwon District Court on July 14, 2006, and on July 5, 2007, the Defendant was sentenced to a fine of three million won for a violation of road traffic laws at the Changwon District Court on July 5, 2007, and was sentenced to a fine of three million won for a violation of road traffic laws.
[Criminal facts] On August 28, 2016, around 10:50, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.138% from the 8km section to the roads near the Mad-dong, Changwon-si, the members of Changwon-si, the Hawon-si, the mountain village located in the Sinwon-gun, Sinwon-gun, Sinwon-si, Sinwon-si, Sinwon-si, the Defendant driven B rocketing car under the influence of alcohol concentration of about 8km.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, a survey report on actual condition, inquiry into the results of crackdown on drinking driving, a statement of the circumstances of the driver under driving, and a report on the detection of the driver under driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report, and Acts and subordinate statutes;
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. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the sentence in full view of the following circumstances.
Unfavorable circumstances: The record of punishment for the same crime has been two times, but the crime of this case has been committed.
The alcohol concentration in blood was high, and an accident was caused in the course of drinking driving.
The favorable circumstances: The crime of this case is against the law.
There is no record of punishment heavier than that of suspension of execution for the same crime, and the most recently punished is about 10 years.