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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 November 24, 2008, the Defendant was issued a summary order of KRW 1,50,000 by the Changwon District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the Changwon District Court on December 14, 2015, respectively.
On May 16, 2017, the Defendant, while under the influence of alcohol of 0.114% during blood transfusions, driven a B rocketing car from around 200 meters away from the Do in front of the emergency of Kimhae-si to the front of the lux household in the outside of Kimhae-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;
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 grounds for sentencing under Article 62-2(1) of the Criminal Act, including the fact that the Defendant was involved in the instant crime in depth and reflects his mistake, and that there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime, as well as the means and results of the instant crime, including the circumstances after the crime, the Defendant’s age, sexual behavior, intelligence and environment, and criminal record relation, determined the same sentence as the order.