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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal record] On April 28, 2008, the defendant was sentenced to a summary order of 1.5 million won for a violation of road traffic law (drinking), etc. on the part of public order branch of the Daejeon District Court. On August 22, 2008, the defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic law (drinking). On August 17, 2009, the defendant was sentenced to a summary order of 3 million won for a violation of road traffic law (drinking) in the public order branch of the Daejeon District Court.
[Criminal facts] On December 16, 2017, the Defendant driven B rocketing car under the influence of alcohol with approximately 0.122% alcohol concentration 0.122% from approximately 100 meters to the front road of convenience store 26 GS25, from the influence of the members of Ansan-si, Seoul Special Metropolitan City to the influence of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reporting (the automatic force of the person under investigation);
1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense (the choice of imprisonment, in consideration of the same kind of power);
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. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;