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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On March 12, 2008, the defendant was notified of a summary order of a fine of 1.5 million won by committing a violation of the Road Traffic Act at the Ulsan District Court on March 12, 2008, and on August 14, 2009, the defendant was notified of a summary order of a fine of 2.5 million won by committing a violation of the Road Traffic Act.
【Criminal Facts】
Although the Defendant had been punished twice or more as above, on November 27, 2018, around 05:28, the Defendant driven a C-gpppon vehicle with approximately 8km alcohol concentration of about 0.066% in the section from the front side of the Busan Dong-gu B to the front side of the Busan Geum-gu Sports Park, which was located in 399, from around 8km.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to a summary order of the same kind of power;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,
1. Article 62(1) of the Criminal Act of the suspended execution (the following matters, etc. shall be repeatedly considered):
1. It is necessary to take strict measures with regard to the defendant who had been punished twice due to the drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act. However, after the defendant was punished in 2009, there is no record of the enemy or criminal punishment for drinking driving, the blood alcohol concentration level is not high, the entire confession of the crime and the depth of his mistake is divided. In addition, the defendant's age, occupation, family relation, etc. are considered.