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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 February 28, 2007, the defendant issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act at the Busan District Court on December 27, 2007, a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act at the Busan District Court on December 27, 2007, and a summary order of 4 million won or more as a fine for a violation of the Road Traffic Act at the Busan District Court on May 24, 2010, respectively.
【Criminal Facts】
Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act, around November 9, 2018, at around 22:16, the Defendant driven B Benz E300 automobiles with approximately 0.123% alcohol concentration around about 10km in the section of about 10km from the road in the Songpa-gu Seoul Metropolitan Government diving-dong to the roads near the Sungnam-gu Kanam-si Y, the Sinnam-si was under the influence of alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (the previous records and confirmation reports of a suspect);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. A suspended sentence under Article 62(1) of the Criminal Act shall be imposed the same sentence as the order, comprehensively taking into account the following factors: details leading to driving under the influence of alcohol on the grounds of sentencing; criminal records; records; records leading to driving under the influence of alcohol; records; records pertaining to the Defendant’s age, occupation, character and conduct; personality and conduct; family relations; living environment; circumstances leading to the commission of the offense; and records: