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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
On December 26, 2006, the Defendant violated the duty of prohibition on driving under the influence of alcohol by receiving a summary order of KRW 1 million from the same court on May 13, 2016 due to a crime of violating the Road Traffic Act (drinking), and by receiving a summary order of KRW 1.5 million from the same court on May 13, 2016.
On April 26, 2017, around 02:24, the Defendant driven B-wing and C- having the alcohol concentration of about 0.068% in the section of approximately 50 meters, while under the influence of alcohol at approximately 0.068%, from the front of the “central restaurant” located in 72 in the Seoyang-do, Seoyang-do, Seoyang-do, Seoyang-do, Seoyang-do, Seoyang-do, Cheongyang-do, a Cheongdo-ro, Do-ro, 184.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of 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. 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in full view of the following circumstances: (a) the age, sex, family, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc. of this case; and (b) the various sentencing conditions as shown in the records and arguments of this case.
The defendant was punished for a fine on two occasions due to drinking, but he/she was also driving under the influence of drinking.
The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.
Defendant would not drive drinking again;
There are many things.
It is somewhat difficult for the defendant to move to the third degree due to the cerebral disability of the defendant.