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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On January 28, 2009, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act, from the Changwon District Court on January 28, 2009, and a summary order of 1.5 million won or more as a fine in the same court on March 2, 2009.
On April 9, 2015, at around 23:35, the Defendant driven a bro-car with a blood alcohol content of about 500 meters from the front of the Samsung Electronic Agency located in Sungwon-si, Changwon-si, Sungwon-si, to the front road. The Defendant driven a bro-car with the alcohol content of about 0.165% under the influence of alcohol from around 50 meters to the front road.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and
1. Order to attend lectures under Article 62-2 of the Criminal Act;