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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 April 2, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court, and on January 26, 2011, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of two years for a crime of violating road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court on August 26, 201.
[Criminal facts] On June 28, 2016, around 20:50, the Defendant driven Bsch Rex motor vehicle under the influence of alcohol level of about 0.076% in the blood alcohol level from approximately 5km section from the front of a mutually influent restaurant located in the Nam-gu, Daegu-gu, Daegu to the adjacent road in the Taecheon-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous conviction: Application of a written inquiry about criminal history and a copy of a summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.
Unfavorable circumstances: The defendant had a record of being punished for driving under drinking on a multiple occasions and the record of the above punishment includes a suspended sentence sentenced in 201, but also committed this case.
A favorable normal situation: The defendant does not again commit the same crime.
There are many things.
Since around 2011, the Defendant had been well grounded in several years, and the blood alcohol concentration of the Defendant is less than 0.1%.