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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 3, 2010, the Defendant issued a summary order of a fine of 1.8 million won to the Seoul Northern District Court for a violation of the Road Traffic Act, and on June 28, 201, the Defendant issued a summary order of a fine of 4 million won to the Sungwon District Court for a violation of the Road Traffic Act.
On August 1, 2016, at around 00:14, the Defendant driven a car with C the blood alcohol concentration of about 0.14% under the influence of alcohol at approximately 0.14% from a section of approximately 1 kilometer to the front of the same new autopsy site in Jung-gu, Seoul.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on the state of driving under the influence of alcohol and making the results of the drinking control;
1. The application of statutes to references to criminal records and investigation reports (Attachment to the same summary order);
1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and imprisonment with prison labor;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Circumstances unfavorable to the reasons of sentencing under Article 62 (1) of the Criminal Act: The fact that there exists a history of being punished twice due to drunk driving, the circumstance favorable to the point that blood alcohol concentration is high: The fact that there is no criminal record exceeding the fine, and that there is no criminal record exceeding the fine; and