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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 September 3, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act in the Seo-gu District Court’s branch branch on September 3, 2009. On January 8, 2014, the Defendant was sentenced to a fine of two million won or more for the same crime and was sentenced to a fine of two million won or more for the same crime.
[Criminal facts] On May 18, 2017, the Defendant driven B Poter truck under the influence of alcohol content of about 0.180% in blood while under the influence of alcohol from approximately 5km to the front way of the Cukdong located in Daegu Suwon-dong, Masan-dong, Busan-si around 14:31, 201.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;
1. Previous conviction: Application of a written inquiry, a summary order, and a detailed inquiry into the case, such as criminal history;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.
The defendant was punished for a fine on three occasions due to drinking, but he was also driving under the influence of drinking.
The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.
Defendant would not drive drinking again;
There are many things.