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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 October 5, 2012, the Defendant was issued a summary order of a fine of one million won for a violation of road traffic law (drinking driving) in the support for the development of a water source method, and the order became final and conclusive on November 2, 2012. On April 17, 2013, the Defendant was issued a summary order of a fine of two million won for the same crime in the above court, and the order became final and conclusive on May 10, 2013.
On July 31, 2018, the Defendant driven a rocketing car owned by the Defendant on the section of approximately one kilometer from the Hagdong-dong-dong to the shooting distance in the same Gu, under the influence of alcohol level of 0.163% among blood alcohol level of 22:45.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (two copies of the same type of summary orders);
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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as ordered by considering the following factors.
- Unfavorable circumstances: The fact that the figure of drinking is high or favorable: The confession and reflect, and the fact that there is no previous conviction exceeding the fine;