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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
Punishment of the crime
[criminal history] On October 15, 2010, the Defendant was issued a summary order of KRW 3 million by the same court as a crime of violating road traffic laws at the port branch of the Daegu District Court. On February 13, 2015, the Defendant issued a summary order of KRW 5 million by the same court as the same crime.
[2] Although the Defendant was under the influence of alcohol over two occasions, the Defendant driven B-type cargo under the influence of alcohol with approximately 0.090% of alcohol concentration in the 10km section from the 10km section of the 10km to the west west-si in the East-gu Sig-si Sig-si Yanlllllllllle, Nam-gu, Chungcheongnam-gu, Seoul Metropolitan City to the west-gu, Yang-si.
As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a car under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: The application of inquiry statements, investigation reports (verification of the same criminal suspect records) and 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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake is divided; (b) the Defendant has no particular criminal record in addition to the fine; and (c) the Defendant’s age, environment, and sexual conduct, etc., which are the conditions for sentencing specified in the argument of the instant case, shall be determined as ordered in full view of all the circumstances.