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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 13, 2015, the Defendant was sentenced to a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) in the Suwon District Court on July 13, 2015, and on July 23, 2015, the same court issued a summary order of KRW 4 million for the same crime and was punished twice due to drinking driving.
On October 11, 2017, the Defendant driven a E Spo-type car with a 10-meter alcohol level of 0.226% while under the influence of alcohol level on the front of Pyeongtaek-si D.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
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. An order to attend a lecture is an order to suspend its execution and an order to attend a lecture is issued in consideration of the fact that the defendant has no criminal records exceeding a fine, even though he/she had been punished twice due to driving of drinking alcohol on the grounds of sentencing under Article 62-2 of the Criminal Act;