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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 history] On June 4, 2012, the Defendant received a fine of two million won as a crime of violating road traffic law (drinking driving) in the support of the Suwon Frigwon, and received a fine of two million won in the same court on July 18, 2008 as the same crime.
[Criminal facts] On May 27, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 0.105% in the 5km section from the front of the fluent fluent road of the members of Ansan-si, Nowon-gu, Seoul, to the roads front of the fluence 35-4 SK K K K principal and the front road of the Silung-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (report on the situation of the driver in charge); and
1. Before judgment: Inquiry about criminal history, the application of the summary order, and the application of Acts and subordinate statutes of the summary order 943 before the high-ranking trial, on the 2008 high-ranking trial;
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as ordered by considering the following factors.
- Unfavorable circumstances: high drinking volume, the circumstances that have many same kind of power and favorable circumstances: The confession and reflect, and the fact that there is no previous conviction exceeding the fine;