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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 21, 2016, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act as a result of a violation of the provisions of the Road Traffic Act in the credit branch of Suwon District Court on April 21, 2016, and was punished on February 7, 2017 by a fine of KRW 2 million for a violation of the Road Traffic Act in the credit branch of Suwon District Court on February 7, 2017.
On April 24, 2019, at around 01:54, the Defendant driven C Poter II truck under the influence of alcohol concentration of approximately 0.119% from the 5km section of the blood alcohol content from the front of the inn city B to the front of the inn city, Wol-si, Wol-si, Wol-si, Wol-si.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Photographs of the crackdown on drinking;
1. Application of Acts and subordinate statutes of Part ケ of the summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Considering the unfavorable circumstances, such as the frequency of punishment for driving under the influence of alcohol on the ground of sentencing under Article 62(1) of the Criminal Act, the frequency of stopping a motor vehicle on the one side of the road, the fact that a motor vehicle was under the influence of alcohol, etc., but the fact that the vehicle was under the influence of alcohol, and that there was no penalty exceeding the fine due to driving under the influence of alcohol, etc.
In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.