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A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 2, 2017, around 07:35, the Defendant driven B-be cargo vehicles under the influence of alcohol content of about 0.160% from the 4km road in front of the Gupo-dong in Busan, Seopo-dong to the road in front of the 2 tunnel of the hot spring-dong in Busan, Dongpo-dong to the 4km road in front of the Busan, Dongpo-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
1. The punishment provided for in Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Although there was a history of three times criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances), the crime of this case was committed in the state of Maternity, and there was no record of criminal punishment exceeding the fine, and other factors such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime are considered comprehensively and determined as ordered.