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1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 3, 2014, the defendant was sentenced to a summary order of 1.5 million won for the crime of violation of the Road Traffic Act at the Busan District Court on July 3, 201, and a summary order of 4.5 million won for the same crime from the Busan District Court on September 19, 2014, and was sentenced to a fine of 4.5 million won for the same crime on at least two occasions.
Nevertheless, around 04:56 on August 18, 2016, the Defendant driven B-low-income vehicle with a blood alcohol content of about 2 km from the front of the mutual influence house in the vicinity of the Young-gu, Busan, to the front of the Yellow-gu, Nam-gu, Busan, and about 0.135% under the influence of alcohol at approximately 2 km from the middle of the Yellow-gu, Nam-gu, Busan to the front of the Yellow-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. Previous offense: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;