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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
[criminal history] On March 13, 2009, the Defendant was sentenced to a fine of KRW 700,000,000 as a crime of violating road traffic law in the Seo-gu District Court Branch Branch of the Daegu District Court on March 13, 200 and a fine of KRW 5 million as an identical crime at the Daegu District Court on March 12, 2012
[Criminal facts] On January 5, 2015, the Defendant driven a 8 km-hurbed vehicle B in front of the Madi Hospital located in Daegu-gu Nowon-gu, Daegu-gu, Nowon-gu, 1, while under the influence of alcohol content of 0.058 percent in blood around 21:0, and driving a 8 km-hurbed vehicle in front of the Madi Hospital located in Daegu-gu.
Summary of Evidence
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 a reply to inquiry, such as criminal history, investigation report (former and copy of the summary order);
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished twice by a fine for drinking alcohol driving. However, the Defendant reflects the crime, and the amount of alcohol concentration in blood is relatively high. In addition, the Defendant’s motive, background, means and method of the crime of this case, circumstances before and after the crime of this case, and other various circumstances such as the Defendant’s age, sex behavior, career, environment, etc. as shown in the argument of this case shall be comprehensively considered and determined as the disposition of this case.