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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] The Defendant is a person who, on February 15, 2007, was sentenced to a fine of one million won for a violation of road traffic laws at the Daegu District Court on July 23, 2007, was sentenced to a fine of two million won for a violation of road traffic laws at the Seobu branch of the Daegu District Court on July 23, 2007, was sentenced to a fine of five million won for a violation of road traffic laws at the Seobu branch of the Daegu District Court on March 7, 2008, and was sentenced to a violation of road traffic laws at the Seobu branch of the Daegu District Court on April 30, 201, and was sentenced to a suspended sentence of two years for a suspension of the execution of six months for a violation of road traffic laws at least twice.
[2] On February 13, 2016, the Defendant driven a B-hand car under the influence of alcohol leveling 0.059% from the section of approximately 200 meters to the front road of the first apartment of the Daegu Northern-gu, Daegu-gu, Seoul-gu, with the parking lot for the “lost fisheries cafeteria” located in the school of Daegu-gu, Daegu-gu, Seoul-gu, to the end of the first apartment.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: Inquiry of criminal history data and application of Acts and subordinate statutes of a report on criminal investigation (verification of the same criminal records as the suspect);
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. 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 sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.
Unfavorable circumstances: The defendant had a record of being punished for driving under drinking on a multiple occasions and has been sentenced to suspended sentence due to the same kind of crime, but he also committed this case during the suspended sentence period due to the crime.
A favorable condition: The defendant shall again commit the same kind of crime.