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A defendant shall be punished by imprisonment with prison labor for up to 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
Criminal facts
【Criminal Records of Crimes】 On October 25, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violation of road traffic laws at the Ulsan District Court, and a fine of KRW 5 million for a crime of violation of road traffic laws at the Ulsan District Court on May 19, 2014, respectively.
【The Defendant driven B rocketing car under the influence of alcohol concentration of approximately 0.116% at the 1km section from Jun. 18, 2018 to the front road of Ulsan-ro 125-28, Ulsan-do, 57, U.S., Ulsan-ro 57, U.S., Ulsan-ro, Ulsan-ro, Ulsan-ro, U.S., U.S. 18.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driving of drinking drivers, and a report on the circumstances of driving under drinking;
1. Previous convictions: A reply to inquiry, such as criminal history, and application of the same electric power judgment statutes;
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. In addition to the criminal records in the judgment of the reasons for sentencing under Article 62-2 of the Criminal Act on the protection and observation and the order to attend a lecture, the punishment of this case was imposed for the violation of the Road Traffic Act in 2009. This case is the fourth drinking driving, and the punishment records in 2014 are due to the third class of driving under the influence of alcohol. Thus, this case is the second class "the third class of driving under the influence of alcohol", the alcohol concentration in blood is higher, and the defendant reflects the wrongness.