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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 November 5, 2007, the Defendant issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (driving) at the Changwon District Court on November 5, 2007, and on October 31, 2012, a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (driving in Drinking) at the Cheongju District Court’s Incheon District Court.
[2] On January 5, 2017, around 21:10, the Defendant driven a three-wheeled car at a level of about 1km from around 21:10 to around 21:10, in a state of alcohol alcohol concentration of about 0.138% while under the influence of alcohol.
Summary of Evidence
[Criminal facts]
1. Statement by the defendant in court;
1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;
1. Inquiries about the results of crackdown on driving alcohol [criminal records]
1. Written inquiry about criminal history, etc. (A);
1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the same type of crime record);
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 on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.
The fact that there is a history of punishment three times due to the violation of the Road Traffic Act (drinking driving) is confessioned and against it.