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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 becomes final and conclusive.
Reasons
Punishment of the crime
On April 24, 2012, the Defendant received a summary order of a fine of three million won or more due to a violation of road traffic laws in support of Sungnam-gu Friwon, and on November 23, 2012, the same court issued a summary order of six million won or more due to a violation of road traffic laws.
On August 17, 2016, the Defendant: 20:0 on August 17, 2016, in salary scarna in the Haak-si, Sinsan-do.
From around 300 meters to the front road of the school village located in the same side, B K9 car volume was driven in the state of alcohol of about 0.126% of alcohol concentration in blood.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (report on confirmation of the records of the same criminal punishment as the suspect);
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the suspended sentence of the Criminal Act provides that a defendant, who has been punished for driving under the influence of alcohol for the reason of sentencing, shall be deemed to have driven under the influence of alcohol, but the nature of the crime is not less than that of the defendant, considering the fact that the defendant recognized his/her mistake and reflects the defendant, the fact that the defendant has no record of being punished exceeding the fine due to the same kind of crime, and other circumstances that form the conditions for sentencing, such as the defendant's age, sex behavior and environment