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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence 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 November 13, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Seog District Court Branch Branch of Daegu District Court on November 13, 2008, and a fine of five million won for the same crime at the Daegu District Court on June 20, 2014.
[Criminal facts] On December 25, 2015, the Defendant driven B B B Benz vehicle at the front of a traffic station located in the same Dong-dong in Daegu-gu, as he/she was under the influence of alcohol by 0.075% without a driver’s license on December 25, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol and the driver's license register;
1. Previous convictions in judgment: Application of a written reply to criminal history, investigation report (referring to the previous one and a copy of the summary order);
1. Article 148-2 (1) 1 and Article 44 subparagraph 1 of the same Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the same Act;
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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.
Unfavorable circumstances: The defendant committed the crime of this case even though he had been punished several times due to the same kind of crime in the past.
A favorable normal situation: The defendant does not again commit the same crime.
There are many things.
The alcohol concentration of the defendant's blood is less than 0.1%.