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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 December 20, 2007, the Defendant was issued a summary order of KRW 1 million with fine for a violation of the Road Traffic Act at the Seoul Central District Court on December 20, 2007, and a summary order of KRW 2.5 million with fine for a violation of the Road Traffic Act at the Seoul East East District Court on October 14, 201.
【Criminal Facts】
On January 20, 2016, at around 20:15, the Defendant driven B-low-car under the influence of alcohol level of about 0.111% in a section of about 400 meters prior to the development of large-scale manpower located in the same Eup/Myeon located in the public parking lot located in Seopo-gu, Seopo-si, Seopo-si, Seopo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the employee;
1. Notification of the result of crackdown on drinking driving;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports, and Acts and subordinate statutes;
1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62(1) of the Criminal Act (The following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing, shall be considered) shall be determined as ordered in consideration of all the following circumstances:
The favorable circumstances: The fact that all facts of crime are recognized and considered to be more favorable: The fact that there are two times the records of punishment of fine for the same kind of crime: alcohol concentration and driving distance, motive and circumstances after the crime, circumstances after the crime, occupation, age, and family relation of the defendant.