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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
On May 9, 2007, the Defendant was issued a summary order of KRW 1,500,000,000,000 for a fine of approximately 1024,007 high-speed 207 high-speed 1,024, and on December 19, 208, with the same support as the same crime on December 19, 208.
On November 19, 2015, the Defendant driven a vehicle with alcohol concentration of approximately 1.5km from the 1.5km section to the front road of the Magdong, Seo-gu, Busan, Seo-gu, Seo-gu, Pyeong-gu, Pyeong-si, Pyeong-si, the Defendant was under the influence of alcohol leveling 0.092% from the 1.5km section to the front road of the Magdong, Pho-si.
Accordingly, even though the defendant was punished twice due to drinking, he again driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant is subject to criticism in that he/she drives drinking in spite of two times the driving force of drinking alcohol.
However, it is argued that the inevitable nature of the driving at the time of the instant case is changed and the degree of the principal operation at the time of the instant case is not serious, considering the sentencing conditions such as the Defendant’s age, sex behavior, family relationship, and the circumstances after the commission of the crime, the sentence is determined as ordered.