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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] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court on September 17, 2007; the summary order of KRW 1.5 million for the same crime in the same court on June 1, 2010; the summary order of KRW 3 million for the same crime in the same court on November 15, 2010; and the summary order of KRW 7 million for the same crime in the same court on July 16, 2012, respectively.
[2] On February 12, 2017, the Defendant: (a) driven B Poter truck under the influence of alcohol at approximately 0.094% of alcohol content from the 3km section from the front of the new harbor located in the death of Heunggu-gu, Chungcheongnam-gu, Chungcheongnam-do to the front road of the same Eup/Myeon from the road located in the same Eup/Myeon.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Previous conviction in judgment: Application of an inquiry letter, investigation report (former and a copy of the summary order attached thereto) Acts and subordinate statutes;
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. The reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures are as follows: (a) the accused has committed a crime in the instant case, committed a confession of his mistake; (b) the accused has no record of punishment except a fine; and (c) other circumstances, such as the accused’s age, environment, sex, motive and means of the crime; and (d) the motive and means of the crime, after committing the crime, etc., the sentence as ordered, shall