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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] On February 11, 2009, the Defendant was punished by a fine of KRW 1.5 million by a fine of KRW 1.5 million by a violation of road traffic law at the ordinary military court of the 5 association of the army on February 11, 2009, and a fine of KRW 1.5 million by a fine of KRW 1.5 million by a violation of the Road Traffic Act (driving) at the Suwon Flag method.
[2] On March 4, 2017, the Defendant driven a car in the D Spanpo area owned C in the section of approximately 100 meters from the place near the Livestock Products Distribution Center located in the Gebandong in Suwon-si, Suwon-si to the front day of the dust located in the same Gu, under the influence of alcohol content of 0.075% during blood transfusion at around 22:42,201.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of the driver employed at the main place;
1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;
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 consideration of favorable circumstances among the grounds for sentencing);
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is subject to the three-yearly punishment due to driving of alcohol. However, in each of the previous crimes in 2009 and 2016, there is time interval from the crime of this case, the defendant recognizes the facts of the crime, reflects the defendant, and was not high in alcohol concentration in the blood of the defendant, taking into account all the circumstances of the sentencing revealed during the trial process.