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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 31, 2009, the defendant was sentenced to a summary order of one million won for the crime of violating the Road Traffic Act in the Busan District Court's branch court's Busan District Court's order on December 31, 2009, and on April 17, 2014, the same court received a summary order of 3.5 million won for the crime of violating the Road Traffic Act.
On October 22, 2016, at around 04:00, the Defendant driven B New GG car while under the influence of alcohol concentration of about 0.108% in the 1km section from the front of the tower located in Busan Shipping Daegu to the front of the Busan Bank located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Previous conviction: Application of Acts and subordinate statutes to criminal records, investigation reports (attached to previous records and a copy of the summary order), and copies of each summary order;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant’s main attitude is not less than that of sentencing, and that the Defendant may be able to receive the previous direction, etc. is disadvantageous.
However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.
In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set