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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 August 21, 2006, the Defendant was issued a summary order of KRW 700,000,000 as fine for the crime of violation of road traffic law in the Daegu District Court Kimcheon branch of the Daegu District Court on August 21, 2006, on January 11, 2010, the above court issued a fine of KRW 2 million as the same crime, and on April 15, 201, the above court issued a summary order of KRW 2.5 million as fine for the same crime.
Criminal facts
On March 29, 2016, the Defendant driven B K7 motor vehicles under the influence of alcohol with approximately 500 meters alcohol concentration 0.070% from the 50-meter section of the 500-lane square to the intersection of the Dong-dong square, which is located in the Dong-si, Sin-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;
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. 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 sentencing conditions indicated in the records of this case, such as the following circumstances and the defendant’s age, sex, family relation, family environment, motive and means of the crime, circumstances after the crime, etc., on the grounds of sentencing under Article 62-2 of the Criminal Act (or concurrent imposition of orders to attend a course in preparation for the restoration of driver’s license in the future) shall be determined as ordered by the court.
Since 2006, the Defendant was sentenced to a fine for drinking driving three times or a fine for one time due to a non-licensed driving, but also committed the instant crime. The favorable circumstances: the Defendant reflects his mistake.
The crime of this case did not cause an accident.