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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 August 20, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Incheon District Court’s Busan District Court’s Branch on August 20, 2009, and a summary order of KRW 1.5 million as a fine for the same crime from the Incheon District Court on December 29, 2009.
On October 9, 2018, at around 02:30 on October 9, 2018, the Defendant, while under the influence of alcohol content of 0.140%, driven a Clearning car from around 35 km to the road in front of the Kimpo-si, Cheongpo-si, Cheongcheon-gu, Cheongcheon-gu, Cheongcheon-do, to the front of the tunnel.
As a result, the Defendant violated the prohibition of drunk driving at least twice, and once again drives a motor vehicle while under influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of a violation of the Road Traffic Act;
1. Notification of the control of drinking driving;
1. Case photographs;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of summary order of the same criminal record as a suspect);
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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that a person has been sentenced to a fine twice due to a drunk driving, once again, and a person has been sentenced to a drunk driving, but the degree of his/her taking advantage of his/her attitude to reflect his/her mistake,
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;