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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
[criminal history] On October 6, 2011, the Defendant is a person who has two or more occasions of drinking driving skills by receiving a summary order of a fine of one million won or more for a crime of violating road traffic laws in the Seo-gu District Court’s Seo-Support on Road Traffic Act, and a summary order of a fine of 1.5 million won or more for the same crime at the Daegu District Court on January 11, 2017.
[2] On June 22, 2017, the Defendant driven BM5 car under the influence of alcohol content of about 0.095% in the 1km section from the center of the same Eup/Myeon from the trade influorian-si, Daldong-si, Daldong-si, to the front day of the dwark-si, and at approximately 1km from the center of the same Eup/Myeon.
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, and summary order-making statute, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
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 grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.