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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 10, 2013, the Defendant issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Busan District Court, and on January 26, 2015, a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Busan District Court.
On October 6, 2017, the Defendant driven B QM3 motor vehicles from a distance of about 50 meters from the construction site of the apartment on the world, which is located in the Busan Suwon-dong, to the roads adjacent to the friendly fishery in the same Dong, while under the influence of alcohol level of 0.081% among blood transfusion around 23:15.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant has a criminal record of the same kind, etc. is disadvantageous.
However, it is advantageous to the fact that the defendant's recognition of facts charged is seriously against the defendant, and that the driving distance is not driving without much much weight.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set.