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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 August 8, 2014, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act on two or more occasions by having been sentenced to a fine of one million won due to a violation of the Road Traffic Act in the Busan District Court, and a fine of four million won due to a violation of the Road Traffic Act in the Busan District Court on November 7, 2017.
On January 3, 2018, the Defendant driven a 0.123% alcohol level in blood without a motor engine device bicycle driver's license on January 23, 2018, while driving B 124cc amb, and proceeded about 2 km from the front of the Busan Metropolitan City hotel to the middle distance in Busan Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of alcohol alcohol or a statement in the circumstances of the driver's license during blood;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to an inquiry letter, such as criminal history, and a report on the result of confirmation before and after disposition;
1. Driving under the influence of alcohol after a violation of relevant provisions of the Act on the Traffic of Roads on the grounds of the crime: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. Taking lectures and community service orders under Article 62-2 of the Criminal Act;