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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 August 2, 2006, the Defendant received a summary order of KRW 1,50,000,000 from the Seoul Southern District Court to a fine for a violation of road traffic laws (driving), and on March 13, 2008, issued a summary order of KRW 4 million for a violation of road traffic laws at the Seoul Central District Court on March 13, 2008. On January 29, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic laws (driving), and on March 7, 2013, the Defendant received a summary order of KRW 3 million for a violation of road traffic laws at the Seoul Southern District Court on March 7, 2013.
[2] Although Defendant 1 had had a record of driving alcohol at least twice as above, Defendant 2 driven CN-si cars at approximately 0.156% alcohol level in the section of approximately 50 meters, from March 15, 2017 to the 61st road of the same city, from the 77rd road in Bupyeong-si, Seocheon-si to the 77rd road in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, report on the circumstances of driving of drinking alcohol, response to requests for appraisal, written appraisal, and report on detection of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), and summary order-making Acts and subordinate statutes;
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. The sentence of imprisonment shall be imposed on the accused with the reason of sentencing under Article 62-2 of the Criminal Act considering the following: Provided, That the execution of the sentence shall be suspended and the order to provide community service and attend lectures shall be added, taking into account the circumstances of driving, etc., by taking into account the fact that the same drinking, non-licensed records are at least once a suspended sentence;