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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 August 16, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on August 16, 2012, and on November 25, 2016, the Defendant was issued a summary order of KRW 3 million as a fine for the same crime.
On December 10, 2017, the Defendant driven a B SP car at the section of approximately two kilometers from the marbal site near Sungnam-si to the roads front of the death distance in the same malm of the Gu sperm chron, while under the influence of alcohol leveling to 0.086% of the alcohol level during blood transfusion around 08:01.
As a result, the defendant was punished not less than twice due to drinking, and was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;
1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):
1. The fact that there is no record of punishment exceeding the fine imposed on the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the confession and the attitude of reflecting the crime in this case, the fact that the blood alcohol concentration in the blood is relatively high, other hours of operation, the distance operated, and the circumstances under Article 51 of the Criminal Act, etc. shall be equally determined as per the order.