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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 September 27, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court, and on December 11, 2008, the Defendant was sentenced to a suspended sentence of KRW 2 million for 8 months due to a crime of violating road traffic law (driving) at the same court. On October 5, 2015, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating road traffic law (refluence of alcohol measurement) at the same court.
[Criminal facts] On August 11, 2018, the Defendant driven B-low-scale car under the influence of alcohol leveling of about 10 meters from around 10 meters to around 0.103% of alcohol level from the 2nd parking lot in the Nam-dong Central Market Co-2 in Samyang-dong, Samyang-dong, Sejong-do, to March 1, 201.
Accordingly, even though the defendant had been punished as a crime of violating the Road Traffic Act(drinking) more than twice, he has driven a motor vehicle while under the influence of re-driving.
Summary of Evidence
1. Statement by the defendant in court;
1. Written appraisal of alcohol and notification of the results of crackdown on driving alcohol during blood transfusion (blood collection);
1. On-site photographs;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (Attachment to a summary order, etc. of the same kind of force) - Application of Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. Article 62-2 of the Criminal Act on the observation of protection;