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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 3, 2006, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving), etc. at a water source method source on November 3, 2006, and was sentenced to a fine of KRW 5 million by the same court on September 11, 2008.
Although the Defendant had been punished twice or more due to drinking driving, on March 5, 2017, the Defendant driven B K7 cars under the influence of alcohol content of about 0.113% at a section of approximately 100 meters from a 100-meter distance to the road front of the Montreal hotel located in the same east at a speed of 0:03 square meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 consideration of favorable circumstances among the grounds for sentencing);
1. Suspension of execution under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) - A extenuating circumstances unfavorable to the reasons for sentencing - Defendant has the record of having been subject to punishment several times for the same kind of crime. The favorable circumstances - Defendant recognized all the criminal facts - The Defendant did not commit the same crime so far after having been punished for the same crime in 2008. There may be room for regard to the establishment of a crime continuation as ordered by the Criminal Procedure Act in consideration of all the conditions of sentencing revealed in the trial process. The sentence is ordered as ordered in consideration of all the