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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
[criminal history] On December 15, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on June 19, 2013 and issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the same court on June 19, 2013, and on April 4, 2016, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1.5 million for a crime of violating the Road Traffic Act.
[2] On December 30, 2016, the Defendant driven B automobiles at a distance of about 10 meters from the three securities parking lot in the future located in Busan-gu Busan-dong to the front road in the same Dong-dong, while under the influence of alcohol content of around 22:55 on December 30, 2016.
As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions before drinking);
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 (i.e., reflective points and absence of any record of punishment exceeding a fine) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. An order to attend a course under Article 62-2 of the Criminal Act;