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The punishment of the accused shall be determined by six months of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 3, 2007, the Defendant issued a summary order of KRW 5 million in the Incheon District Court's Branch on May 17, 2012, and KRW 4 million in the Incheon District Court's Branch on February 10, 2014.
On February 21, 2019, the Defendant, as a person who had a record of violating the regulations on the prohibition of drinking driving twice or more, driven a e-mail car in the state of alcohol of about 0.158% of the blood alcohol concentration from the C front day in Kimpo-si B to the D front day in the same city, around 300 meters.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A report on the actual state of the driver;
1. Requests for appraisal;
1. A written report on the occupancy of a motor vehicle from the driver;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. Number of the reason of sentencing under Article 62-2 of the Criminal Act, the distance and section of alcohol level, the background of drunk driving, the frequency and contents of the records of punishment for the same kind of crime, the final records and the time interval of the crime in this case, the confession of the crime, the fact that the defendant's age, character and behavior, the environment, the circumstances of the crime, and the circumstances after the crime, etc. are considered, and the punishment shall be determined as ordered by the order, taking into account all the sentencing conditions shown in the arguments in this case, such as the defendant's age, character and behavior