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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 November 12, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on November 12, 2009, and KRW 3 million for the same crime at the Seoul Western District Court on July 16, 2012.
On May 12, 2016, around 06:15, the Defendant driven a C-E-E-E-V car under the influence of alcohol concentration of approximately 0.136% from the 3km section of approximately 3km to the 3km road located in the area near Seo-gu, Seo-gu, U.S., Seo-gu, Busan, to the 1575-ro in the center of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;
1. Application of a reply to inquiry, such as criminal history, and the application of a summary order under Part II of the Act and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. For the reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s confession, alcohol level, the record of punishment for drinking driving (two times), the gap between the immediately preceding detection day, the occurrence of traffic accidents, the fact that the instant vehicle has been scrapped, the fact that there is no history of punishment exceeding the fine, and the Defendant’s age, sex, sex, environment, occupation and experience, family relationship, details of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the sentence shall be determined as per the order.