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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
On December 1, 2009, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act on two or more occasions, such as being sentenced to the exemption from punishment due to a violation of the Road Traffic Act (driving) at a method of flooding on two occasions.
On October 14, 2015, the Defendant driven a B car rental car at a section of about 4 km up to the front of the flow distance in front of the funeral hall in Suwon-si, Suwon-si, where he was under the influence of alcohol concentration of 0.124% among blood transfusions on October 14, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
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. In light of various circumstances, such as the fact that Article 62-2 of the Criminal Act reflects the reasons for sentencing, the fact that driving of motor vehicles has many criminal records (including a case before the actual sentence), the fact that alcohol content is low during blood, and the fact that the distance of movement is not short, the statutory punishment shall be reduced, and then the sentence shall be determined as the order after the reduction of the amount of punishment.