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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 November 16, 2006, the Defendant issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on November 16, 2006, and a summary order of KRW 5 million for the same crime at the same court on April 9, 2015.
Although the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, on October 17, 2018, while under the influence of alcohol at around 06:00, the Defendant driven a DSS7 car at a section of about 50 meters prior to the road located in North-gu, North Korea at the port, where he was under the influence of alcohol at around 06:139% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of the same criminal records);
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 as a matter of choice (with the history of punishment two times due to driving, it again leads to the instant crime, and consideration of the fact that the blood alcohol concentration in the instant case is considerably high, etc.);
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (including the fact that there is some room for consideration in the circumstances leading to the commission of a crime, the fact that there is no criminal record exceeding the fine, and the fact that the instant vehicle is scrapped, etc. and is against the law, etc.);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. Order to attend lectures under Article 62-2 of the Criminal Act;