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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On July 28, 2008, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act, and on September 13, 2013, by the same court, a fine of KRW 1,50,000 for a violation of the Road Traffic Act.
On June 1, 2016, at around 02:18, the Defendant driven BMW car in the state of alcohol alcohol concentration of approximately 0.086% at the section of approximately 5.5 km from the front of the 3-dong residents' center located in 357-2, Dong-dong, Kimhae-dong to the front road of the construction site in Kimhae-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same kind of electricity);
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and
1. Order to attend lectures under Article 62-2 of the Criminal Act;