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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
On July 28, 2008, the defendant was issued a summary order of 1.5 million won or more for the crime of violation of the Road Traffic Act at the Busan District Court, and a summary order of 1 million won or more for the same crime at the same court on July 13, 2009.
On August 7, 2016, the Defendant, while under the influence of alcohol around 0.158% of blood alcohol concentration, driven a B rocketing car from approximately 2 km to the same Eup/Myeon from the roads near the Yan Sea Accommodation in the Busan-gun, the captain of the vessel.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Previous convictions in judgment: Application of criminal records and investigation reports (reports attached to the previous suspect and summary order);
1. Relevant 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 for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant’s main attitude is not less than that of sentencing, and that the Defendant may be able to receive the previous direction, etc. is disadvantageous.
However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.
In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set