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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 15, 2006, the Defendant was in violation of Article 44(1) of the Road Traffic Act by receiving a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving in Drinking), and a fine of KRW 1.5 million for the same crime from the same court on April 6, 2012. However, on April 23:38, 2018, the Defendant driven a BN car under the influence of alcohol concentration of KRW 0.70% in alcohol level from approximately 20 meters to the 313rd-ro, Sinri-gu, Sinri-gu, Sinri-gu, Sinri-si, Sinri-si, Ga-gu, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (report on the situation of the driver in charge); and
1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal suspect's records);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection 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 sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, sex, family relation, etc., shall be determined as ordered by comprehensively taking into account the following normal relation:
- Unfavorable circumstances: The fact that there are many criminal records of the same kind, including the records of the crime, and the circumstances favorable to him/her: The fact that he/she has led to confession and reflect, the fact that drinking is not high, and there is no criminal record exceeding the fine.