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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 August 9, 2010, the Defendant received a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on August 30, 2010, at the Changwon District Court, received a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on October 18, 2013, at the Changwon District Court, the Defendant received a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at least twice.
However, on November 6, 2016, the Defendant driven a B 5 km car from the fish market, which is located in the new Simpo-dong in Changwon-si, Changwon-si, 0.115% alcohol level, around November 6, 2016, to the front road in the same Dong-dong, while under the influence of alcohol leveling from around 02:12.15%.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Statement of the circumstances of the driver involved in driving;
1. Records of judgment: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports;
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 (which acknowledges and reflects his/her mistake, the fact that there is no past record of suspended execution or higher, and that he/she would not drive under the influence of alcohol again;
the defendant's home environment, etc.
1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);
1. An order to attend a course under Article 62-2 of the Criminal Act;