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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The defendant is a person who is engaged in driving a Bran XG car in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Death and Injury caused before it is dangerous).
On February 12, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.172% during blood alcohol level on 11:05, while driving the said vehicle at the 0.172% under the influence of normal driving due to the influence of alcohol level, and driving the road front of the 1459 large building in front of the 1459, as both sides of Gangdong-gu Seoul Metropolitan Government, into the breadth of the road at the same direction. On the part of the Defendant’s negligence, the Defendant neglected to stop at the front direction of the road at the front direction of the road, thereby resulting in the Defendant’s d SM5 vehicle behind the vehicle driven by the victim C, who was parked under the new subparagraph, with approximately two weeks of alcohol level on the front direction of the Defendant.
2. On June 11, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on the part of June 11, 2008. On October 8, 2008, the Defendant was punished twice or more due to drinking, such as receiving a summary order of KRW 3 million for the same crime from the same court.
[2] Nevertheless, the Defendant driven the vehicle under the influence of alcohol level of about 100 meters from the 358-9-9-dong, Gangnam-dong, Seoul to the place indicated in paragraph 1 at the time indicated in paragraph 1, while driving the vehicle under the influence of alcohol level of about 0.172%.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. C’s statement;
1. A report on a traffic accident, a survey report on alcohol driving, and a record of measurement of alcohol driving;
1. Vehicle photographs;
1. A report on internal investigation (including a medical certificate and written estimate);
1. Previous conviction: Application of a written inquiry about criminal history and a summary order under the Acts and subordinate statutes;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and Article 148-2 (1) of the same Act concerning the punishment of the crime, the selection of imprisonment for each sentence;
1. The former part of Article 37 of the Criminal Code, and Article 38.