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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
On October 2, 2007, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 2 million for a violation of the Road Traffic Act, and on March 30, 2016 to a fine of KRW 5 million for a violation of the Road Traffic Act.
On October 13, 2017, the Defendant driven a B horse fribage in the state of alcohol alcohol concentration of about 0.153% from the 26th Don-ro 328 Sintan-ro, Sintan-ro, Donnam-si, Nannam-si, Seoul, to the 962nd Don-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. A alcohol appraisal report and a report on the detection of a primary driver during blood;
1. Application of a reply to inquiry, 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 Act on the Suspension of Execution (the favorable circumstances among the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. - The most favorable circumstances are high alcohol concentration in the blood of the defendant - The defendant recognizes all the criminal facts. - The defendant has no record of being sentenced to a fine exceeding the fine until now. The sentence is imposed as ordered in consideration of all the conditions of sentencing revealed in the trial process.