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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 24, 2006, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic law (drinking driving) with the support of the source method of water source, and on April 30, 2009, the Defendant was issued a summary order of a fine of two million won for the same crime with the same court on April 30, 2009, respectively, on five occasions the driving power of drinking.
Although the Defendant was punished for driving alcohol as above, on November 4, 2015, at around 01:11, the Defendant driven a B Belgium car under the influence of alcohol concentration of approximately 0.128% in the section of approximately 3km from the road of the rithm of the Eup grain in the vicinity of Kimpo-si, Kimpo-si to the road in front of the city of Kimpo-si, Kimpo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions, a traffic accident occurrence report, notification of the results of crackdown on drinking driving, and a circumstantial report on the driver of a mainly placed driving;
1. References to inquiries, such as criminal history, reports on the absence of each disposition, and application of summary order statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the Criminal Act)
1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);