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A defendant shall be punished by imprisonment for six months.
However, 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 May 22, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on May 22, 2015, and on January 6, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) at the Southern Branch of the Gwangju District Court.
On April 15, 2017, while under the influence of alcohol content 0.244% among blood transfusions, the Defendant driven BK7 vehicle from the section of approximately 4km from the section of approximately 4km to the front road of the city Tridong-gu Busan Metropolitan City, Seoyang-gu, Seoyang-gu, the original restaurant located in Goyangyang-gu, Seoyang-gu, Seoul to Goyang-si, Goyang-si, the Defendant was under the influence of alcohol content 0.24%.
Accordingly, the defendant, even though he had a record of driving a drinking vehicle at least twice, once again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home, statement of alcohol during blood, and report on the detection of the driver at home;
1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;
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 for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12
1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;