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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 26, 2010, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on May 20, 2010, a summary order of KRW 2.5 million by the same court was issued on May 20, 2010.
On October 17, 2017, around 00:47, the Defendant driven B SP car under the influence of alcohol content of about 400 meters from a watch distance in the city of Busan-gu to the front route of the international white apartment in the same Dong from around 400 meters to the day of the international white apartment in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Although there was a history of being sentenced to four times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances), the punishment is determined as ordered by comprehensively taking account of the following factors: (a) the fact that the crime of this case was committed, despite the fact that the level of drinking is less than 0.1%; (b) the drinking value is less than 0.1%; (c) there was no record of criminal punishment exceeding the fine; (d) the Defendant’s age, sex behavior, environment, circumstances leading to the crime