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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
Punishment of the crime
On June 9, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court, and on March 31, 2010, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court.
On December 26, 2017, at around 23:37, the Defendant driven Bone Star Co., Ltd. in the state of alcohol concentration of about 0.106% from the 30-meter radius to the front road of the 139 creative building in Seoul Special Metropolitan City, Nowon-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Despite the fact that an order to attend a lecture or an order to provide community service had been served twice punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, a person who again leads to imprisonment for the instant crime.
However, the execution of a sentence shall be suspended in consideration of the fact that there is no criminal punishment exceeding a fine, the distance of drinking driving is relatively short, and it is against the law.