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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 22, 2018, the Defendant driven a CN driver’s car from the roads near the 1 Dong Administrative Welfare Center in the Kimhae-si, Kimhae-si to the roads located in the same city in the same city with alcohol concentration of 0.124% during blood transfusion around 22:50.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to make a statement on the circumstances of a driver who is placed in driving, an investigation report, notification of the results of regulating the driving of drinking, and inquiry about the results of regulating the driving of drinking;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);
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 following the Defendant’s age, sexual conduct, the content and circumstances of the instant crime, and the circumstances after the commission of the crime, the sentence as set forth in the order shall be determined by comprehensively taking account of the following circumstances.
Unfavorable circumstances: The Defendant committed the instant crime without being aware of the fact that he was sentenced to a fine on two occasions due to drinking driving in the past, and was sentenced to a suspended sentence of imprisonment (a crime of 2003, which was sentenced to conviction with a crime of obstructing the performance of official duties, etc.) one time.
In blood, alcohol concentration (0.124%) is high (0.124%).
The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.
In the past, five years have passed since they were punished for drinking driving.