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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
Criminal facts
【Criminal Records of Crimes】 On April 1, 2009, the Defendant was sentenced by the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking), and a fine of KRW 5 million for the same crime at the same court on March 11, 2014.
【The Defendant driven a coo vehicle in B, under the influence of alcohol content of approximately 200 meters from a section of approximately 200 meters to the road front of the string of the pridge in the middle-gu, Ulsan-gu, Ulsan-gu, Seoul-do, to August 1, 2017, under the influence of alcohol content of 0.071%.
As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. A written inquiry about the offender's place and the result of regulating drinking driving, and a statement of the situation of the driver who takes the drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
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. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order to attend the lecture, that the defendant should have exercised more care to avoid driving under drinking as a driver. In addition to the past records of the facts constituting the crime in the previous judgment, the defendant has been punished for the violation of the Road Traffic Act (unlicensed driving) in 2009, and the amount of alcohol concentration in the blood of this case shall be considered.