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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 January 3, 201, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Changwon District Court on January 3, 201, and received a summary order of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on October 13, 2006 and received a fine of two million won for a crime of violating the Road Traffic Act at each time.
On June 9, 2016, the Defendant driven a B K5 car in the front of a restaurant, where it is difficult to know the revolution and trade name inside the window of Changwon-si, while under the influence of alcohol at around 00:45% of alcohol, on the front of the restaurant, where it is difficult to identify the revolution and trade name in the window of Changwon-si, the Defendant driven the B K5 car at the 1km section prior to the “Seoul Women’s Middle School” located in the same 186.
As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, notification of the completion of correction, statement of the situation of the driver under driving at drinking, and report of the situation of driving at drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of a summary order attached to the suspect's previous records);
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. 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again despite the fact that he/she had been punished for the same kind of crime more than once, as stated in the facts constituting the crime in the judgment of the court below, even though he/she had been sentenced to a fine twice due to the violation of road traffic laws, and the fact that the amount of alcohol content among blood alcohol at the time of driving the instant crime is very high is the reason for sentencing unfavorable to
However, the fact that the defendant does not drive drinking again, and that the defendant has no record of being punished for a suspended sentence or heavier.