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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
[Criminal Power] On January 18, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on December 20, 2013, the Defendant was sentenced to a fine of KRW 3 million for the same crime at the Incheon District Court.
【Criminal Facts】
On September 16, 2018, around 08:41, the Defendant driven an E-7 vehicle while under the influence of alcohol leveling 0.067% in the 3km section from the Cmaart in Sinsi-si B to D in Sinsi-si.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on the circumstances of an immigration driver);
1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of sound records);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant's age, character and conduct, family relation, shall be determined as ordered by taking into account all the conditions of the sentencing.
- Unfavorable circumstances: The circumstances discovered in a state of stopping on the road due to diving while driving: the confession and reflect; the degree of drinking is not high; the disposal of the vehicle; the disposal of the vehicle; and the fact that there is no criminal record exceeding the fine.