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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On July 9, 2007, the Defendant received a fine of one million won for a crime of violating road traffic law (drinking) at the Ulsan District Court, and a summary order of one million won for a fine of one million won and one million won for the same crime at the same court on March 15, 2010.
【Criminal facts-related Defendant 1 driven BM6 automobiles under the influence of alcohol content of approximately 0.063% in the section of approximately 500 meters up to the road in front of “North-do fake” located in the same Dong at an insular place (hereinafter referred to as Ulsan-gu, Ulsan-dong) around September 23, 2016, although he had been punished for drinking more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62.1 (2 times) of the Criminal Act (see, e.g., Supreme Court Decision 0.63%)
1. An order to attend a course under Article 62-2 of the Criminal Act;