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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 Records of Crimes】 On August 24, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic laws at the Seoul Northern District Court on November 19, 2008, a fine of two million won for the same crime at the Jung-gu District Court on November 19, 2008, and a fine of seven million won for the same crime at the Seoul Northern District Court on August 24, 2012.
【Criminal facts” around January 8, 2016, the Defendant driven B cargo vehicle while under the influence of alcohol content of about 0.110% in blood at a distance of about 200 meters to the front of the relevant cancer district in Gangdong-gu Seoul Metropolitan Government on January 8, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment in consideration of the fact that the defendant had been already punished three times due to drinking, driving without a license, which led to the instant crime even though he/she was sentenced to a fine of KRW 7 million on August 2012 due to drinking or driving without a license, and the fact that the criminal records related to the traffic crime are several times, etc.
However, the punishment shall be determined as ordered by taking into account the various factors of sentencing as shown in the trial process of this case, such as the fact that the defendant is in profoundly against the defendant, the fact that there are no other criminal records except for the criminal records related to traffic crimes, and the age, sex, intelligence and environment of the defendant, and circumstances at the