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A defendant shall be punished by imprisonment with prison labor for up to 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 27, 2009, the Defendant received a fine of one million won as a crime of violation of the Road Traffic Act in the Busan District Court's branch court's Busan District Court's August 27, 2009, and a fine of two million won as a fine for the same crime in the same court on May 25, 2011.
On August 11, 2015, at around 00:12, the Defendant, while under the influence of alcohol of 00:146%, driven a B-te motor vehicle at the distance of approximately 200 meters from the front line of the mutual influence in the vicinity of the Southern-gun, Ulsan-gun, Ulsan-gun, Seoul-do, Seoul-do, Seoul-do, to the front line of the G-do, Ulsan-do, Ulsan-do, Seoul-do, to the front line of the safety center.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, records of the control of drinking driving, and application of Acts and subordinate statutes to disqualified for the main office;
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. Selection of imprisonment with prison labor chosen (referring to repeated driving, etc.);
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 201
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;