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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
On September 28, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at the Seocheon Branch of the Daejeon District Court on December 15, 2014.
Although the Defendant had had a power of driving under the influence of alcohol two times as above, on March 23, 2016, he again driven B rocketing car under the influence of alcohol content of about 0.144% from the front of the apartment that was located in the Seocho-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-dong, Seoul Metropolitan City, to the front of the new apartment that was located in the front of the Gu Cheongdong-dong, Cheongdong-dong, Seoul Metropolitan City to the front of the Gu Cheongdong-dong, Cheongdong-dong, New apartment.
As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. C’s statement;
1. A report on the detection of a primary driver;
1. A copy of the ledger using drinks for drinking;
1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on criminal history (report on the same type of suspect);
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. Although the sentence of Article 62(1) of the Act on the Suspension of Execution was imposed on the same kind of crime several grounds for sentencing under Article 62(1) of the Criminal Act, the crime of this case is committed, the defendant is actively endeavoring to improve drinking habits by receiving treatment for alcohol dependence, etc., and the defendant's surrounding people will help improve drinking habits of the defendant.
In other words, the defendant's age, sex, circumstances after committing the crime, etc. are determined in detail.