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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 October 28, 201, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million at the Seoul Central District Court for a crime of violation of Road Traffic Act (driving alcohol), and a summary order of KRW 5 million with the same court on October 11, 2013 with the same crime.
[2] On August 13, 2017, at around 05:06, the Defendant driven a Bdisolar car owned by the Defendant under the influence of alcohol concentration of 0.135% during blood while under the influence of alcohol leveling to 0.135% at around 560 meters from the insular area of Mapo-gu Seoul Metropolitan Government Mapo-dong to 05:06.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Written appraisal of alcohol concentration, consent to collection of blood, and written confirmation;
1. Previous convictions: Application of one copy of the Acts and subordinate statutes, such as inquiry about criminal history and 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 (including the fact that there is no record of punishment exceeding a fine and the fact that a person misleads him/her and repents him/her);
1. An order to attend a course under Article 62-2 of the Criminal Act;