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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 March 31, 2011, the Defendant was sentenced to a fine of 3.5 million won for a crime of violating the Road Traffic Act at the Ulsan District Court on March 31, 201, and on September 14, 2012, the same court was sentenced to imprisonment for 8 months and suspended execution for a violation of the Road Traffic Act.
On July 8, 2016, at around 05:45, the Defendant driven C rocketing car at a distance of 8 km to the front of the erogate in Ulsan-gun, Ulsan-gun, under the influence of alcohol content of 0.108%.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the regulation of drinking driving, the results of the regulation of drinking driving, and the circumstantial statement of drinking drivers;
1. An inquiry report, such as a criminal history;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;