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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
On November 7, 2013, the Defendant received a summary order of a fine of KRW 7 million for a violation of road traffic law (drinking driving) in the support of the method of Suwon Friwon on November 7, 2013, and has three times the same criminal records.
On May 16, 2017, around 19:33, the Defendant driven B, under the influence of alcohol leveling 0.173% from the section of approximately 1.5km in the direction of the 1.5m alcohol level to the 1st deputy head of the Sinsan-si, a member of the citizen market near the 149-ropo-ro, Seoul Metropolitan Government, to the south-ro of the 115-ro of the 149-ro-ro 115-o.m. on the street.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the results of regulating the driving of drinking alcohol and a record of measuring drinking alcohol;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of summary order of the same type of crime);
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. The reason for sentencing under Article 62-2 of the Criminal Act is that not only the same criminal records, but also the traffic-related punishment records and the punishment records of different types of crimes are likely to be reoffending.
However, in consideration of the fact that the defendant appears to reflect, and that there is no record of punishment exceeding the fine for the same kind of crime after 1999.