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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
[criminal history] On December 7, 2007, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Cheongju District Court on July 17, 2008, and a fine of 2.5 million won as a crime of violating the Road Traffic Act at the Cheongju District Court on July 17, 2008.
[2] The Defendant 1 driven BM3 vehicles under the influence of alcohol concentration of approximately 0.172% in the section of approximately 700 meters from the 700-meter roads in front of the Sejong-dong Detailed Road from around 23:03 on October 3, 2015, even though the period of punishment for the crime of violation of the Road Traffic Act (driving) was two or more times, the Defendant 1 driven BM3 vehicles under the influence of alcohol concentration of about 0.172% in the section of the 700-meter roads adjacent to the Sejong-dong Detailed Road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A written appraisal of alcohol among bloods;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;