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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of 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 September 14, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a summary order of KRW 1 million for a violation of Road Traffic Act (driving of Drinking), and a summary order of KRW 3 million for a violation of Road Traffic Act (driving of Drinking) in the support of the Chungcheong District Court on May 30, 201.
On March 5, 2016, at around 03:15, the Defendant driven B K7 cars with approximately 200 meters alcohol content 0.308% in blood, from the section of approximately 200 meters to the front day of the Namsan-dong located in the same Simsan-si, Chungcheongnam-si, 52-ro, e.g., Chungcheongnam-do.
Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.
Summary of Evidence
Before the defendant's legal statement, the statement of the situation of the driver who is placed in the State, and the previous judgment of reply to the request for appraisal of the driver's identity: Application of the Act and subordinate statutes to inquiry, such as criminal history, etc. (the previous judgment of
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that a defendant commits an error, is punished three times by a fine due to driving under drinking, and has no criminal record exceeding a fine).
4. Taking lectures and community service orders under Article 62-2 of the Criminal Act;