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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 Records of Crimes】 The Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act in support of the Incheon District Court on December 8, 2009, and a fine of four million won as a crime of violating the Road Traffic Act in the same court on September 25, 2014.
【Criminal facts” around May 17, 2017, the Defendant driven C Ray Motor Vehicle while under the influence of alcohol content of about 0.181% in blood at approximately 500 meters from the front direction of the “Northwest Station in the Song-si, Seocheon-si” to the front direction of the same city transmission, as in the same city transmission.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;
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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime at the same time despite the fact that the Defendant had been subject to two times or more due to drinking driving; (b) the alcohol concentration in blood is considerably high by 0.181%; (c) the Defendant’s mistake is against himself/herself; and (d) the Defendant’s family members want the Defendant’s wife, taking into account the favorable circumstances, and setting the same sentence as the order by taking into account various sentencing conditions as shown in the instant argument.