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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
On May 27, 2009, the Defendant was sentenced to imprisonment with prison labor for not less than four months in the same court on December 14, 2007 due to a violation of the Road Traffic Act at the Busan District Court on May 27, 2009.
On May 23, 2018, the Defendant, while under the influence of alcohol content of 0.206% in blood around 21:40, was driving B K3 car from the mother located in 110 Doro-ro 110, Busan, Seodong apartment parking lot to the entrance of the apartment of about 77 U.S., Busan, Jin-gu, Busan, through a 14.7km section.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
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 Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1)3 of the Criminal Act) provides that no criminal history exists from the punishment imposed by driving under the influence of alcohol, etc. in 2009 to the crime of this case, including the circumstances after the crime, the health conditions of the defendant, social ties, and other factors for sentencing, such as the age of the defendant, sex behavior, environment, family relationship, etc.
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;