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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 June 5, 2009, the Defendant was issued a summary order of KRW 1,50,000 by the Incheon District Court to a fine of KRW 1,50,000,000 for a crime of violating the Road Traffic Act, and a summary order of KRW 1,00,000 for a fine of KRW 6,00 for the same crime from the first branch of the Chuncheon District Court to the same
[2] Although the Defendant had twice the power of driving under the influence of alcohol as above, he driven CK5 cars while under the influence of alcohol for about 3 km from the front day of the B apartment in Gangwon-si, Gangwon-si, Gangwon-si, to the front day of the B apartment in the same Dong around 00:05 on November 23, 2015 and the front day of the 0.112% alcohol concentration in blood.
Accordingly, the Defendant, who had driven a motor vehicle twice or more, driven a motor vehicle under the influence of alcohol again as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (report on confirmation of the same criminal history as the suspect), application of Acts and subordinate statutes of the summary order;
1. Relevant choice of punishment for the crime under Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, and the selection of punishment for imprisonment (in cases of two previous convictions of the same type, consideration shall be given);
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. An order to attend a course under Article 62-2 of the Criminal Act;