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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
[criminal power] On November 5, 2008, the defendant was sentenced to a summary order of one million won for the crime of violating the Road Traffic Act at the Cheongju District Court on November 5, 2008, and on April 5, 201, the same court received a summary order of three million won for the crime of violating the Road Traffic Act, respectively, and was sentenced to a penalty of ten times for the crime of violating the Road Traffic Act.
【Criminal Facts】
On June 18, 2014, the Defendant, while under the influence of alcohol 0.186% from blood alcohol level around 22:0, the Defendant driven B Poter cargo at a section of about 500 meters from the front of a restaurant located in the Cheongju-si, a considerable area of the Cheongju-si, to the front road of the Cheongju-si, a Cheongju-si, a cafeteria.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. A written appraisal of alcohol during blood;
1. Previous records: Application of criminal records and other inquiry reports and investigation reports (Attachment to criminal records of a suspect's drunk driving and judgment, etc.);
1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant was punished by a fine for the same kind of crime on several occasions.
However, the defendant is against the wrongness, and after 201, the defendant did not commit a crime related to drinking driving.
The previous criminal records seem to have been punished by drinking or driving without a license while working for the accused.
In addition to these circumstances, the punishment as ordered shall be determined in consideration of all the conditions of sentencing as shown in the pleadings, such as the defendant's age, character and conduct, and details of the crime.