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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On January 11, 201, the Defendant issued a summary order of KRW 1.5 million to a fine of KRW 1.5 million on September 15, 201 as an offense of violation of road traffic law at the Daejeon District Court’s Branch of the Daejeon District Court’s Incheon District Court’s Support, and a fine of KRW 3.5 million on the same offense by the said court.
[2] Although Defendant 1 was punished for drinking two or more times as above, Defendant 2 driven B k7 cars under the influence of alcohol for about 0.165% in the 60-meter radius from the frame of drinking kes in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2016 to the front day of the jubeb 125-5 of the same Sung-dong 125-5.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant had a record of being punished for the crime of drinking alcohol driving several times; (b) the time of committing the crime; and (c) there is no record of being sentenced to criminal punishment exceeding the fine; and (d) the punishment is determined as ordered by taking into account the various sentencing conditions indicated in the instant trial