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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 July 18, 2007, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Suwon District Court's Ansan Branch on July 18, 2007, and on November 4, 2016, the same court issued a summary order of KRW 1.5 million for the same crime.
On May 16, 2019, at around 04:22, the Defendant driven an EM5 vehicle at approximately 1 km from the vicinity of the Maart in Silung City to the front shooting distance of Silung City Dtel in Silung City, under the influence of alcohol by 0.072% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, investigation report, output, and notification of the results of the control of driving under the influence of alcohol;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Two times (207, 2016, 2016), even if the driving skills of drinking alcohol are available, circumstances that are favorable to the driving of drinking alcohol are recognized and reflected: The blood alcohol concentration level is not high; the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order, taking account of various sentencing conditions as shown in the trial process and records.