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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 7, 2006, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act at the Busan District Court on September 7, 2006, and filed a summary order with the Busan District Court on June 30, 2016.
On July 18, 2016, at around 01:00, the Defendant driven BM7 car under the influence of alcohol content of 0.069% from the 1km section from the roads located in Busan High-dong, Busan High-dong, Busan High-dong, to the third-distance road in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Inquiries about criminal history, application of investigation reports (the records of the same type of crime, and inquiry about the results of crackdown on driving alcohol, Chapter Three);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant has a criminal record of the same kind, etc. is disadvantageous.
However, there are favorable circumstances such as the fact that the defendant's recognition of facts charged is seriously against the defendant, and the fact that the state of the defendant's taking is not very serious.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set.