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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 3, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million as a crime of violation of the Road Traffic Act at the Ulsan District Court on August 3, 2012, and a fine of KRW 5 million with the same crime at the Busan District Court on May 3, 2016.
On June 15, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a BNS car under the influence of alcohol concentration of about 300 meters from the front of the Central Hospital in Gyeyang-si to the rode road in the same Dong-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Each photograph;
1. The circumstantial report of a drinking driver, the notification of the results of the drinking driving control, the copy of the ledger of use of a drinking measuring instrument, the notification of completion of correction, and the inquiry into the results of the drinking driving
1. The driver's license ledger;
1. Application of statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the defendant has no record of serving a punishment heavier than imprisonment without prison labor);
1. Order to attend lectures under Article 62-2 of the Criminal Act;