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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 April 29, 2009, the Defendant was sentenced to a fine of four million won due to a violation of road traffic law (drinking) at the Seoul Southern District Court, and on July 21, 2014, the Seoul Southern District Court received a summary order of four million won due to a violation of road traffic law (drinking).
[2] On July 25, 2016, around 03:11, the Defendant driven a BM5 vehicle while under the influence of alcohol concentration of 0.169%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions: To inquire about criminal history, etc. and apply Acts and subordinate statutes to investigation reports;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);
1. An order to attend a course under Article 62-2 of the Criminal Act;