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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 October 15, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law (driving alcohol) at the port support of the Daegu District Court (Seoul District Court). On January 2, 2013, the Defendant was issued a summary order of KRW 7 million for the same crime in the same court on January 2, 2013. On January 6, 2017, the Defendant driving a CM5 vehicle at approximately 300 meters from the front day of the windowpan in the north-gu Seoul District Court (hereinafter referred to as “SM5 car”) to the front day of the interest-based street in the port while under the influence of alcohol at KRW 0.07% during the influence of alcohol on January 6, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of inquiry, inquiry reports (Attachment to previous rulings) and Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing grounds of Article 62-2 of the Criminal Act for community service and lecture attendance order include the fact that the defendant does not repeat the crime; the defendant has no record of punishment except a fine; and the defendant's age, environment, sex behavior, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively taken into account and determine the sentence as ordered.