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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 December 2, 2008, the Defendant received a summary order of KRW 700,000,000 from the Cheongju District Court Support for the Violation of Road Traffic Act as a crime of violating the Road Traffic Act, and a summary order of KRW 1 million as a fine for the same crime in the same court on January 22, 2009.
[Criminal facts] On March 31, 2016, the Defendant driven B Poter truck under the influence of alcohol leveling 0.13% from the 2km section of 0.13% of alcohol level to the front road of the same wing-ro rice pole, a flus hotel located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and around 01:18.
As a result, the defendant was punished as a crime of violating the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is in charge of driving and notification of the results of regulating drinking;
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act: The Defendant committed the instant crime in spite of the fact that he/she had been punished several times due to drinking alcohol, and the circumstances favorable to the fact that the alcohol level in blood at the time of the instant crime is considerably high: The Defendant recognized and reflects the instant crime; the above circumstances and the Defendant’s age, sex, environment, circumstances, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. are determined as ordered by the order, taking into account all the relevant sentencing conditions.