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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
[criminal history] On June 20, 2012, the Defendant was sentenced to a fine of KRW 1,50,000 for a crime of violating road traffic law (driving) at the Daegu District Court on the same day. On February 3, 2015, the Defendant was sentenced to a fine of KRW 3,00,000 for the same crime and was sentenced to a fine of KRW 3,00,000 for the same offense.
[Criminal facts] On November 19, 2016, the Defendant driven a B car at a distance of about 5 km from the front side of the Gyeongdaedae-gu, Daegu-gu, to the front side of the same Singu-gu, in a state of alcohol level of 0.122%, while under the influence of alcohol leveling around 10:13, the Defendant driven a B car at a distance of about 5 km from the front side of the Gyeongdae-gu, Daegu-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order;
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 suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.
Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking on several occasions.
A favorable normal situation: The defendant does not again commit the same crime.
There are many things.