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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 January 26, 2001, the Defendant received a summary order of KRW 2.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act (dacting driving), and a summary order of KRW 5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act (dacting driving) at the Daegu District Court on June 28, 201.
[Criminal facts] On January 22, 2016, the Defendant driven a b1 ton cargo vehicle B with alcohol concentration of about 300 meters in the section of approximately 0.262% under the influence of alcohol level from the 300-meter radius to the middle-school road in the new Dong-dong, Daegu-gu, Daegu-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions: Inquiries about criminal history data and application of the Acts and subordinate statutes reporting criminal investigations;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
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. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times the defendant was punished for driving alcohol (two times a punishment) and the time of such punishment (201, 2013), the alcohol concentration in blood at the time of the instant crime, and other factors indicated in the pleadings of the instant case, such as the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc., and the sentence is determined as ordered.