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A defendant shall be punished by imprisonment with prison labor for up to 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 July 17, 2012, the Defendant was sentenced to four months of imprisonment and two years of suspended execution due to a crime of violating road traffic law at the Jeju District Court on July 17, 2012, and on January 31, 2008, issued a summary order of two million won of a fine by the same court as the same crime.
On March 13, 2017, the Defendant used approximately 300 meters section B in front of the Cheongcheon-dong’s trade name in Geumcheon-gu, U.S. to the 100-1 house front of the Cheongju-si and the 100-1 house, while under the influence of alcohol content 0.110% among blood transfusion around 02:30%.
Accordingly, the Defendant was driving a motor vehicle under the influence of re-driving with a person who has violated Article 44(1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports (Attachment of judgment, etc.), and text of judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;