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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] The Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on February 9, 2012, and was sentenced to a fine of three million won for the same crime in the same court on September 19, 2012.
[Criminal facts] The defendant is a person who drives a Branchis vehicle.
On October 06, 2015, the Defendant driven the said vehicle at a section of about 40 meters under the influence of alcohol with approximately 0.133% alcohol concentration from the street in front of the female public parking lot in the summer-dong, Young-gu, Seoul, Seoul, to the front day of the entrance of the gold apartment in the Nam-gu, South and North Korea.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident (1), (2) (2), evidence and photographs of the scene of the traffic accident;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and of an investigation report (two copies of a summary order) by 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is not a good crime because the defendant once again drives drinking, even though he had a record of punishment twice or more due to drinking driving.
However, in light of the circumstances favorable to the defendant, such as the confession and reflect of the crime of this case, the fact that there is no record of punishment heavier than a suspended sentence, etc., and the sentencing conditions indicated in the records, such as the age, sexual conduct, and circumstances after the crime, the punishment is determined as ordered.