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A defendant shall be punished by imprisonment for not more than ten 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
The Defendant, at the Changwon District Court on September 17, 2007, issued a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on November 18, 201, the Defendant is a person who violated the provisions concerning prohibition of driving under the influence of alcohol on at least two occasions under the Road Traffic Act, by being sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the same court on November 18, 201.
On December 5, 2016, the Defendant, while under the influence of alcohol content of 0.180% during blood transfusion around 23:35 on December 5, 2016, driven approximately 1 km B-learning car from the Southern-dong of Busan to the front day of the sex cafeteria located in Busan Young-gu, Seo-gu.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Article 62-2 (1) of the Criminal Act concerning community service and order to attend lectures;