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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
On September 26, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on April 14, 2010, the Defendant was sentenced to a summary order of KRW 2 million for the same crime in the same court, and on August 27, 2015, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.
On November 29, 2016, the Defendant driven a B K5 car under the influence of alcohol content of 0.157% in blood, from the Do near Dong-dong Dong-dong Dong-dong Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to the front road.
Accordingly, the defendant committed the same crime even though he had been punished not less than twice as a crime of violating the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of statutes attached to investigation reports;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
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 Social Service Order was that the Defendant, even though he had a record of driving alcohol more than twice, was driving at once without any special reason.
However, it is reasonable to consider that the defendant suffers from economic difficulties and seems to reflect.
In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.