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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 July 5, 2010, the Defendant received a summary order of a fine of one million won or more for a crime of violating road traffic law (drinking) from the Changwon District Court through the Changwon District Court. On March 21, 2016, the Defendant received a summary order of a fine of two million won or more for the same crime in the same court.
Criminal facts
On June 16, 2018, the Defendant driven a vehicle B with alcohol concentration of approximately 0.066% under the influence of alcohol at approximately 2 km from the 2km section to the roads in front of the Korean bank located in the same city at the same time, from the port near the cruise bend in the Cropic City, which is around 22:20 on June 16, 2018.
Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement report, investigation report (the circumstantial statement of the driver in charge of driving), notification on the results of regulating the driving of drinking alcohol, and report on the state of driving under driving under the influence of drinking;
1. Previous convictions in judgment: Three copies of inquiries about the results of crackdown on driving alcohol, references to inquiries, such as criminal history (A), and application of Acts and subordinate statutes of investigation report (Attachment to such previous summary order);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for a favorable reason in which the sentencing is considered to be flexible):
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a history of driving drinking alcohol twice: Provided, That there is no criminal record exceeding a fine, and the fact that he/she is currently serving in a workplace cancer, and the defendant's age, sex, criminal conduct, environment, health conditions, circumstances leading to the crime, means and result of the crime, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined as the same as the order;