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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
Criminal facts
[criminal history] On February 20, 2013 and January 15, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (dacting driving) at the Suwon Friwon.
[2] On January 17, 2017, the Defendant driven DW car under the influence of alcohol leveling 0.122% in blood alcohol level without a driver’s license from approximately 30 meters from the front of the apartment in which he/she can have his/her right to receive the deposit of the Dong door, which is in his/her top of the Dobong-Eup, to the front of the Dobong High School located in the same Ri, at around 23:10 on January 17, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of drinking, the driver's license ledger, and making an inquiry into the vehicle;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. Circumstances favorable to the accused for sentencing of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Courses are as follows:
The defendant is deeply divided into and reflected in the crime of this case.
The defendant has no previous convictions of imprisonment.
There is a need for the defendant to support the family including three children.
Circumstances unfavorable to the defendant are as follows:
At the time of the instant crime, the Defendant’s blood alcohol concentration is not less than 0.122%, and the level of alcohol is not less than that of the Defendant.
As stated in the judgment of the defendant, the defendant has been sentenced to a fine twice due to drinking, and has long been sentenced to a suspended sentence of imprisonment due to driving of drinking at around 201.
A criminal defendant has been subject to criminal punishment on several occasions due to a double crime.
. The above.