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A defendant shall be punished by imprisonment for six months.
except that 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 January 30, 2015, at around 20:15, the Defendant driven B-be cargo vehicles under the influence of alcohol content of about 0.242% at the section of approximately 8 kilometers of alcohol alcohol content at the front of the entrance of cremationter at the 119 Safety Center, which is located in the Yongsan Sea-gu, Changwon-si, Changwon-si, in front of the entrance of cremation.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver, the report on detection of a host driver, and the notification of completion of correction;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the defendant was sentenced to a fine of 50,000 won for the crime of violation of the Road Traffic Act at the branch court of Suwon District Court on April 29, 2005, and the defendant again committed the instant crime despite the past record of being sentenced to a fine of 2 million won for the crime of violation of the Road Traffic Act at the Changwon District Court on July 26, 2010. The fact that the blood alcohol concentration was very high to the degree of causing a traffic accident at the time of driving under the influence of alcohol in this case is the reason for the sentencing unfavorable to the defendant.
However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., are considered as having no record of the crime except that the defendant has been sentenced to a fine several times for the same kind of crime and the same type of crime, and the punishment like the order shall be imposed in consideration of the sentencing conditions stipulated in Article 51