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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 December 12, 201, the Defendant was sentenced to a fine of KRW 2,50,000 to a violation of road traffic law (drinking driving), a fine of KRW 2,00,000 for the same crime in the same court on April 9, 2007, and a fine of KRW 1,50,000 for the same crime on July 20, 200 by the same court on July 20, 20.
[2] On March 2, 2016, the Defendant driven a BS-type car under the influence of alcohol content of about 0.230% from the 11 K section of approximately 11 Km to the roads of the same city, i.e., the central public market, which was located in 168, due to the Chungcheongnam-si-si Special Metropolitan City, to the road of about 741.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual survey report and on-site photographs;
1. Response to a request for appraisal;
1. A report on the detection of a driver in charge of driving (blood appraisal result);
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant committed the instant crime even though he/she had been subject to three times punishment due to drinking, and the circumstances favorable to the considerable degree of alcohol concentration during blood at the time of the instant crime: The Defendant recognized the instant crime and reflects the foregoing circumstances and the Defendant’s age, sex, environment, circumstances, means and consequence of the instant crime, and the circumstances after the commission of the crime shall be determined as ordered by the order, taking into account all the sentencing conditions, such as the following circumstances.