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1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 1, 2006, the Defendant was sentenced to a summary order of a fine of two million won or more for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon on September 1, 2006, and on February 13, 2009, the Defendant was sentenced to a summary order of a fine of one million won or more for the same crime at the same court on February 13, 2009, respectively.
On December 30, 2017, the Defendant driven BM6 car on the road prior to the long distance in the Suwon-gu Suwon-dong Suwon-dong Suwon-si, Suwon-si, the alcohol content of which is 0.144%, under the influence of alcohol during blood around 03:44%.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver driving a drinking and notification on the results of regulating drinking driving;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The grounds for sentencing under Article 62-2(1) of the Criminal Act for an order to attend a lecture and an order to provide community service [the scope of punishment] The punishment as ordered shall be determined by taking into account the following circumstances, such as the Defendant’s age, sex, environment, motive for committing an offense, and circumstances after committing an offense: (a) imprisonment with prison labor for six months or more; (b) imprisonment with prison labor for one year and six months; (c) and (d)
D. Unfavorable circumstances: The Defendant committed the instant crime without being aware of the fact that he/she had been punished by a fine not less than twice due to drinking: The Defendant recognized his/her mistake and seriously reflects his/her wrong, and the neighbors want to live in a normal and sincere manner, and the Defendant’s neighbors want to have the Defendant’s wife.