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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 25, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on August 25, 201, and KRW 4 million for the same crime at the same court on March 12, 2013.
On January 16, 2016, the Defendant driven a drinking car at around 23:20 at around 23:20, while under the influence of alcohol 0.090% in blood alcohol level from around 1 km to the east intersection in the same Dong and Dong.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this prohibition.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving a drinking, a report on the circumstances of driving a drinking, and an inquiry of the results of regulating drinking;
1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;
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;
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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession of the accused, the degree of alcohol content, the record of punishment for drinking driving (two times), the gap between time and the day of the immediately preceding detection, the fact that there is no history of punishment exceeding the fine, and the fact that there is no history of punishment exceeding the fine, the defendant’s age, sex, sex, environment, occupation and career, family relationship, circumstances of the crime, details of the crime, etc., the punishment shall be determined as ordered by the Disposition.