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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On January 30, 2015, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court Branch of the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 2,00,000 as a fine in the same court on February 16, 2015, respectively.
[2] On June 24, 2017, the Defendant driven BEX car at approximately 500 meters from the front side of the Bupyeong-gu Bupyeong-gu, Incheon, Bupyeong-gu to the front side of the flowway 49, in the shape of alcohol content at around 0.128% during blood transfusion at around 17:35, the Defendant driven BEX car at the section of about 500 meters from the front side of the off-road of the Bupyeong-gu, Incheon, Bupyeong-gu to the front side of the road of approximately 205.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;
1. Previous convictions in judgment: The application of an inquiry letter, a report on the unwritten previous convictions and the results thereof;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The defendant's reason for sentencing under Article 62 (1) of the Criminal Act is a relatively recent punishment for the same kind of crime, and the defendant's responsibility is not exceptionally applied in light of the fact that a traffic accident occurred in the instant process.
However, the past records are punished by a fine, and there are no records of crime against the defendant, the defendant is in depth of his mistake, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are considered in the arguments of this case, and the punishment shall be determined as ordered, taking into account various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime.