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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 April 10, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Assistance, and on June 12, 2015, a summary order of KRW 4 million as an identical crime at the same court.
[2] On January 6, 2016, the Defendant driven a motor vehicle under the influence of alcohol level of about 0.119% in the blood alcohol level at around 1 kilometer from the front of the singing practice hall where it is impossible to identify the trade name in the Chungcheong Culture Complex at around 22:55, the Defendant driven a motor vehicle under the influence of alcohol level of about 0.119% in front of the lusium restaurant at the lusium center in the Chungcheong City.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs;
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 in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same force as the suspect) statute;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant committed the instant crime in spite of the fact that the Defendant had been punished several times due to drinking alcohol, and the circumstances favorable to the fact that the alcohol level is considerably high at the time of the instant crime: The Defendant recognized and reflected the instant crime; the Defendant has no criminal record of suspended execution or more; and the Defendant has no criminal record of suspended execution or more; the sentence is determined as ordered in light of all the above conditions of sentencing, such as the Defendant’s age, sex, environment, background, means and consequence of the instant crime, and the circumstances after the crime.