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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 Power】 On June 24, 2010, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act at the Jung-gu District Court, and on July 24, 2017, issued a summary order of KRW 4 million for the same crime at the Incheon District Court.
【Criminal Facts】 As above, the Defendant was a person who has been punished twice or more due to a violation of the Road Traffic Act (driving on a sound driving), and was driving a D horse-type car in the state of alcohol under the influence of alcohol of about 4km from the section of about 0.081% of the blood alcohol concentration in the direction of about 0.081% from the front of the road located in Bogi-si B around November 13, 2018 to the front of the Tri-si in the front of the Tri-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and the Defendant’s age, character and conduct, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the crime, etc., the sentence as ordered shall be determined.
Unfavorable circumstances: The circumstances that are favorable to the high possibility of criticism for recidivism and the high risk of recidivism, despite the fact that the records of punishment for drunk driving are twice, are high: the confession and reflect, and there is no record of punishment exceeding the fine.