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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 14, 2018, around 15:54, the Defendant driven a Crocketing- traffic cargo vehicle under the influence of alcohol content of about 0.266% from the section of about 2km from the front of the training site for the Red Reserve Forces located in 91, Hongsung-gun, Hongsung-si, Hongsung-gun, to the front road of about 2km-ro 262, Hongsung-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Application of the statutes of the response request for appraisal;
1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) (Selection of Imprisonment) 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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by taking into account the following circumstances, including the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances of the instant crime.
3. Unfavorable circumstances: The circumstances that are highly likely to be criticized for committing a crime, despite the fact that there are three times the past records of punishment due to drinking driving (1997, 2004, 2008) and are more favorable to the high risk of recidivism: The confession and rebuttal, the fact that there is no record of punishment exceeding fines, and the fact that there is no record of punishment due to drinking for the last ten years.