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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 May 17, 2011, the Defendant was issued a summary order of KRW 700,000 for a fine of KRW 100,000 for a crime of violating the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on May 17, 201, a summary order of KRW 4 million for the same crime from the Daegu District Court’s Port Branch on October 1, 2013, and a summary order of KRW 5 million for the same crime in the same court on January 8, 2014, respectively.
Although the Defendant had had a alcohol driving force twice or more as above, on December 6, 2016, around 21:20, the Defendant driven C Dok Dok Cargo at the parking lot located in the Nam-gu Seoul Metropolitan City, Seoul Metropolitan City, the Nam-gu, Seoul Metropolitan City, to the 23-1 male comprehensive commercial building road, approximately 300 meters away from the 300-ro, the ebbbbro, the alcohol level of which is 0.172%, while under the influence of alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. A survey report on actual conditions;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);
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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;