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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 October 20, 2008, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on January 22, 2016, the same court issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act.
On August 5, 2017, under the influence of alcohol level of 0.131% among blood transfusion around 01:27, the Defendant driven a B-low-income vehicle from around 200 meters at a distance of about 200 meters from the underground parking lot of the building in the Changwon-si, Sungwon-si to the front road of the KT telephone station located in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that even though the Defendant had been punished twice due to driving of drinking alcohol, the case is not easy in light of the fact that the instant crime was committed.
However, in light of the fact that the defendant is against the crime of this case and other circumstances of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the same punishment as the order shall be imposed.