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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
The defendant is a person who has been sentenced to a fine of KRW 3 million on September 28, 2006 due to a violation of road traffic law in the support of the Suwon Flag Flag on September 28, 2006 and a crime of violating road traffic law in the same court on January 25, 2013.
Criminal facts
On October 18, 2016, the Defendant was under the influence of alcohol content of 0.135% during blood transfusion around 00:04, and was under the influence of alcohol content of 0.135% at a section of approximately 500 meters from the post office in front of the post office located in the Gu of Ansan-si to the upper end of the same Sin-gu, Annsan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. That the defendant does not repeat the same crime for the reason of sentencing under Article 62-2 of the Criminal Act for observing protection and observation;
Considering all circumstances, such as the fact that the defendant has not been sentenced to imprisonment or heavier punishment for the same crime;