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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 December 24, 2012, the Defendant received a summary order of KRW 2,50,000 from the Seoul Southern District Court to a fine of KRW 2,50,000,000 for a crime of violating the Road Traffic Act (driving alcohol), and a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving alcohol) on November 10, 2015.
[2] On October 10, 2017, around 04:30, the Defendant driven a C QM3 car while under the influence of alcohol with about 0.128% alcohol concentration 0.128% from the 5km section of the 5km-ro, Songpa-gu, Seoul, Seoul, to the front road.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident and a report on the detection of a primary driver;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was subject to a criminal disposition due to the crime of drinking driving on two occasions, the fact that the defendant was 50 days off, the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., and the sentence identical to the order shall be determined by comprehensively taking into account the following factors in the records: