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1. The punishment of the defendant shall be eight months;
2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;
Reasons
Punishment of the crime
[criminal history] The defendant is a person who has a 1.5 million won or more as a crime of violating the Road Traffic Act in the Busan District Court's Support on March 26, 2007, and a person who has a 2.5 million won or more as a fine for the same crime in the Daegu District Court's Support on August 14, 2008.
[2] Around 15:00 on June 10, 2017, the Defendant driven the Bcoon car from the 30km section to the front distance of the elementary school, while under the influence of alcohol by 0.058% during blood without a vehicle driver’s license, from the 6nd direction of the Gangwon-gun, Gangwon-gun, Seoul Special Metropolitan City, to the 30km away from the 6nd direction of the 15-12nd direction to the front distance of the elementary school.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver taking the driving, photograph, each request for appraisal, response to requests for appraisal, ledger of driver's license, and next inquiry;
1. References to inquiries, such as criminal history, and reports on the results of confirmation of undispositioned previous conviction;
1. Application of the Acts and subordinate statutes for investigation reporting;
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. Although the defendant was punished several times for the same kind of crime under Article 62-2 of the Criminal Code of the Social Service Order, he committed the instant crime while a trial was underway.
This is an unfavorable circumstance to the defendant.
The Defendant led to confession and reflect on the crime of this case.
There shall be no history of criminal punishment exceeding a fine against the defendant.
The blood alcohol concentration is not high.
This is the circumstances favorable to the defendant.
In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.