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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
[criminal power] On December 26, 2012, the Defendant issued a summary order of KRW 5 million for the crime of violation of the Road Traffic Act at the Suwon District Court on December 26, 201, a summary order of KRW 1.5 million for the same crime in the same court on October 15, 2010, and a summary order of KRW 1.5 million for the same crime in the same court on February 11, 201, respectively.
【Criminal Facts】
On August 8, 2015, at around 10:30, the Defendant driven a BP car in the state of alcohol with approximately 10 meters alcohol concentration of 0.112% from the road located in Seo-gu, Incheon, Seo-gu to the road located in 541-33, Seo-gu, Incheon, Seo-gu to the road located in front of 541-29.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact, and consideration for the fact that there exists no record of punishment of imprisonment without prison labor or more for the latest ten years);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Order to attend lectures under Article 62-2 of the Criminal Act;