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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
On October 30, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) with red support of the Daejeon District Court on October 30, 2008, and on October 1, 2010, the same court issued a summary order of KRW 2.5 million for the same crime.
The defendant is a person who violated Article 44 (1) of the Road Traffic Act not less than twice.
On October 3, 2015, while under the influence of alcohol level of 0.16:52%, the Defendant driven a B-L car at a section of about 5 km from the front of a mutual influent restaurant located in Chungcheongnam-gun, Chungcheongnam-gun to the front of the road located in the military in the Sinsan-gun, Seocheon-gun to the road located in the Sinsan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (re-driving of alcohol) of the Act on Reduction of Small Quantity;
and consideration of the punishment of the same criminal history, etc.
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1448,
1. Article 62-2 (1) of the Criminal Act and the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Community Service Orders and Orders to attend lectures;