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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
On June 15, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Changwon District Court on December 14, 2009, respectively.
On October 11, 2017, the Defendant driven a D Span-type car under the influence of alcohol leveling of about 0.105% from approximately 200 meters to the front road of the heading restaurant, where it is impossible to identify the trade name in the Western-dong in the Kimhae-si, Kimhae-si, the Defendant driven a D Span-type car under the influence of alcohol leveling of about 0.105% in blood alcohol level from around 200 meters to the front road of the Green apartment.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes by inquiry results 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 (wholly considering the favorable circumstances) of the suspended execution;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture is in depth and reflects the Defendant’s mistake, and there are some circumstances that may be somewhat taken into account the motive and circumstance leading to the instant crime, the Defendant had been punished for drinking even before and after the instant crime was committed, taking into account the following factors: (a) the means and consequence of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age, sexual behavior, intelligence, environment, etc., and various conditions of sentencing as shown in the record and pleading, the sentence as ordered was determined.