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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal history] The defendant was sentenced to a fine of three million won due to a violation of road traffic law (drinking) at the Daegu District Court on June 23, 2008. On November 17, 2008, the defendant was sentenced to a suspended sentence of two years for the same crime in the same court, etc. and was sentenced to a suspended sentence of two years for driving under drinking on at least two occasions.
[Criminal facts] On April 7, 2017, the Defendant driven a CMobbage car under the influence of alcohol level of about 0.152% in the 15km section from the 15km section to the Youngcheon-gu Toluth road located in the main road of Yongcheon-si, Daegu-gu, Daegu-gu, Daegu-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances of the reasons for sentencing): The Defendant was driving under the influence of alcohol at the same time, even though he had the record of having been sentenced to a suspended sentence of imprisonment and a fine on five occasions due to drinking driving, etc.
The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.
Defendant would not drive drinking again;
There are many things.
The last driving force before the crime of this case is about nine years.