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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
[criminal history] On July 6, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating road traffic law (drinking driving) with red support from the Daejeon District Court. On October 19, 2012, the Defendant was issued a summary order of KRW 5 million with the same crime in the same court.
[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven Bmp car at around 20:50 on July 14, 2017, while driving Bmp car at around 450 meters from the front Do to the front road of the third head of the Korean War in the same Eup/Myeon from the front Do to the same 96-8 of prisoners of war in the same Eup/Myeon, the summary of the evidence is as follows.
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, summary order, such as criminal history, and other Acts and subordinate statutes;
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.
Unfavorable circumstances: The normal circumstances that are highly likely to be subject to criticism for recidivism despite the fact that the history of punishment due to drinking driving has been twice but are highly favorable to the risk of recidivism: the confession and reflect, and there is no record of punishment exceeding the fine.