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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 16, 2017, the defendant was sentenced to a fine of seven million won for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act in Seoul Southern District Court.
Around 03:00 on October 4, 2018, the Defendant was under the influence of alcohol with 0.186% of alcohol level 0.18% on blood alcohol level, and the Defendant was driving Cinty car at approximately 2 km from the roads near the Eunpyeong-gu Gungdong-dong in Seoul to the roads in front of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation into the drinking driver;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is no record of criminal punishment other than once a fine of the same kind, the fact that there is no wrong record of criminal punishment, the fact that there is an accident that causes human damage due to drinking driving in 2017, and the fact that the crime of this case is committed at the same time, and the fact that blood alcohol content is high, all of the sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, family relationship, and circumstances before