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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
Criminal facts
On December 7, 2009, the Defendant received a summary order of 1.5 million won or more as a crime of violating the Traffic Act at the Busan District Court, and a fine of 2.5 million won or more as a crime of violating the Traffic Act at the same court on July 17, 2014.
On May 10, 2016, the Defendant driven a B-hand vehicle at approximately 130 meters away from the 130-meter section to the front road in the same Gu cooling-ro 57, from the 61st century, while under the influence of alcohol content 0.175% among blood transfusions.
Summary of Evidence
1. Statement by the defendant in court;
1. A written appraisal of alcohol among bloods;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;