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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 April 29, 2014, the Defendant was issued a summary order of KRW 7 million with a fine of KRW 1,000,000 by the Chuncheon District Court on the grounds of a violation of road traffic law (driving), and on July 13, 201, the same court issued a summary order of KRW 3 million with a fine of KRW 1,00,000 due to a violation of road traffic law (driving).
[2] On February 2, 2016, the Defendant, while under the influence of alcohol of 0.183% during blood transfusion, driven B Poter vehicle from the front side of the “Facheon-si Agricultural Cooperative, Chuncheon-do,” located in the Chuncheon-si, to the front side of the “Facheon-si, Chuncheon-si,” located in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of crackdown on driving alcohol and the statement in the circumstances of the driver involved in driving alcohol;
1. Previous conviction: Application of a written reply to inquiry, such as criminal history, (A) and an investigation report (Attachment to a summary order related to recent drinking driving cases by a suspect);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act on the ground of the sentencing of Article 62-2 of the Order to Attend the lecture of the defendant is significantly high to 0.183%, and the fact that the defendant committed the instant crime without being aware of the fact that he had been punished four times due to drinking driving, including the previous conviction in the judgment, even though he had a record of being punished four times due to drinking.
On the other hand, the defendant does not repeat the same crime while breaking and opposing his wrongs.
It is the factor of sentencing favorable to the defendant, such as the fact that there is no criminal record exceeding the fine of the defendant, and the fact that the defendant seems to have been in an economic difficult situation while living together with the married person.
The age, sex, environment of the defendant, and others.