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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On December 7, 2009, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court. On September 25, 2013, the Defendant received a summary order of KRW 2 million for the same crime, etc.
【Criminal Facts】
Although the Defendant had been punished on more than two occasions due to a violation of the Road Traffic Act (driving) as seen above, around September 24, 2016, at around 23:35, the Defendant driven a B B B B B B BT car with a blood alcohol concentration of about 0.078% in the section of about 200 meters from the lower distance near the lower distance at the lower end of the Busan Sbridge-dong, to the road in front of the frequency of fish death in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a driving under the influence of alcohol, report on the state of standing of a driving under the influence of alcohol, notification on the results of the control of drinking under the influence of alcohol, and inquiry;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation confirmations, and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had been punished twice or more, was driving under the influence of alcohol again.
It shall be strictly punished, but the punishment shall be determined as ordered in consideration of the fact that the defendant reflects, that the distance of drinking driving is not long, and that there is no record of punishment exceeding the fine.