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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 19, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on November 29, 2010, and was sentenced to a fine of KRW 2 million as a crime of violation of the Road Traffic Act in the Jeonju District Court's Gun mountain support on November 29, 2010, and was 4 times of the same power. On November 23:59, 2013, the Defendant driven CM7 car under the influence of alcohol level of KRW 0.17%, while under the influence of alcohol level from the front of the written water compromise in the document correspondence in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the front road of mapt.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. A report on detection of a host driver;
1. Previous convictions in judgment: Criminal records, investigation reports, and application of summary order statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant already committed the instant crime even though he/she had been punished as a fine for the same kind of violation of the Road Traffic Act on four occasions, even though he/she had been already punished as a fine, and that the blood alcohol concentration level at the time is significant, etc. are elements for the sentencing unfavorable to the Defendant.
However, the defendant's family members and branch members want the defendant's prior wife, the defendant's selling of the above driver's vehicle and refusing to drive under the influence of alcohol again, and the defendant's confession of the crime of this case and seems to be contrary to the defendant's favorable sentencing factors, considering the defendant's age, character and conduct, environment, etc. as factors for sentencing in favor of the defendant, and considering all of the sentencing conditions shown in the records and arguments of this case as a whole.