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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
[criminal history] On January 26, 2011, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act, and on April 27, 2017, a summary order of KRW 2 million from the Seoul Southern District Court to a crime of violating the Road Traffic Act.
[Criminal facts] On December 13, 2017, the Defendant driven approximately five meters of DNA graphic vehicles while under the influence of alcohol content of approximately 0.145% in blood on the roads near Yeonsu-gu Incheon Metropolitan Government C agency B around December 23:40.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of occurrence of traffic accidents prepared by E;
1. Statement of the circumstances of the driver involved in driving;
1. Test figures of self-consumption;
1. Previous convictions indicated in the judgment: Application of the Acts and subordinate statutes of inquiry written reply to inquiries, such as criminal history, investigation reports (A), summary orders, and records of inquiry about management of reports made mainly;
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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education lies in the crime of this case again even if the defendant was punished twice due to the crime of drinking driving as stated in the judgment of the court, and the occurrence of traffic accidents due to driving of the instant drinking, the previous crime punished and the blood alcohol concentration measured at the time of the instant crime was significantly high, and the social harm of drinking driving, etc., are not easy to assume the defendant's responsibility.
However, the following facts are considered as favorable to the defendant: the defendant's age, sex and environment, health conditions, the circumstances of the crime, and the crime. The defendant's age, the defendant's age, and the environment, the state of health, the circumstances of the crime, etc. are against the defendant's behavior, the driving of drinking is relatively short, the personal damage has not occurred due to the above traffic accident, and the criminal records other than the criminal records in the judgment.