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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 of the final judgment.
Reasons
Punishment of the crime
[criminal power] On November 9, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch, etc. On July 1, 2011, the Defendant was sentenced to a suspended sentence of 7 million won for the same crime, etc. at the same court on July 1, 201, and issued a summary order of 1.5 million won for the same crime at the same court on June 11, 2010.
【Criminal Facts】
On June 8, 2019, at around 22:52, the Defendant driven the B B Poter truck with a blood alcohol concentration of about 0.079% from the 7km section of approximately 7km to the front road of Ansan-si, Ansan-si, Nowon-gu, Seoul, to the center of Ansan-si, Ansan-si, Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, notification of the results of the control of driving under the influence of alcohol and record of measurement of alcohol;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of electric records, etc.);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances, including one time the probationary power, recognized the crime and reflects the fact that there is no record of criminal punishment since 2013, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., and various conditions of punishment as ordered shall be determined by taking into account the following factors: