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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
Punishment of the crime
On December 30, 2008, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the District Court on December 30, 2008 and KRW 2 million as a fine in the same court on March 10, 2010.
On March 1, 2016, around 18:57, the Defendant driven a B News Telecommunications car while under the influence of alcohol concentration of 0.096% on the front of the gas station around the 90-ro, the center of the Papju City around 18:57.
As a result, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle under the influence of re-driving.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;
1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession of the accused, the degree of alcohol content, the record of punishment for drinking driving (three times), the temporal gap between the immediately preceding detection and the day of accident, the fact that there is no record of punishment exceeding the fine, and the fact that there is no record of punishment exceeding the fine, the defendant’s age, sex, sex, environment, occupation and career, family relationship, circumstances of the crime, details of the crime, etc., the punishment shall be determined as per the order.