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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
The Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act at the Suwon District Court on March 13, 2009, and a fine of KRW 2 million for the same crime at the same court on December 3, 2015.
On June 29, 2016, the Defendant driven a livestock vehicle B owned by the Defendant in the section of about 100 meters from the front of a livestock product distribution center located in the valley-dong, Suwon-si, Suwon-si to the roads adjacent to the 2 complex Apppppam-dong, Suwon-si, Suwon-si, in a state of drinking alcohol concentration of 0.076% under the influence of alcohol twice or more as seen above, even though the Defendant had a history of driving under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver and notification of the result of crackdown on drinking driving;
1. Criminal records as stated in the judgment: Application of criminal records, reply reports on criminal records, investigation reports (report on attachment of relevant judgments) and statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du148, Jan. 1, 201>
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;