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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
[criminal history] The Defendant received a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving of Drinking) in the support of the Friwon Friwon Friju on December 18, 2015.
[Criminal facts]
1. On July 13, 2017, the Defendant, at around 22:53 on July 13, 2017, driven a D-to-purd vehicle under the influence of alcohol concentration of approximately 0.183% from the section of about 600 meters to the front of a gas station in the same city, from the front side of the Gangnam apartment located in Sejong-ro 254-6 at the time of the Gyeonggi-do in the middle of the Gyeonggi-do, to the front side of the gas station in the same city.
Accordingly, the Defendant driven a motor vehicle while under the influence of alcohol level of not less than 0.1% but less than 0.2%.
2. On July 16, 2017, the Defendant: (a) driven a D-to-pur motor vehicle under the influence of alcohol concentration of about 0.061% from the 3km section to the Samsung apartment, which is located in the 375 east-si, Sin-si, Sin-si, Sin-si; (b) around July 16, 2017, the Defendant driven a D-to-pur motor vehicle under the influence of alcohol concentration of about 0.061% from the 3km section to the roads of Samsung apartment in the same Sin-dong.
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. Statement of the circumstances of the driver involved in the relevant driving and report on the detection of the driver involved in such driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of the statutes of the response request for appraisal;
1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)2, 44(1) (the drinking driving on July 13, 2017) of the Road Traffic Act, Articles 148-2(1)1, and 44(1) (the driving on drinking on July 16, 2017) of the Road Traffic Act, and the choice of imprisonment for each sentence;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. In full view of the circumstances of sentencing under Article 62-2 of the Social Service Order Criminal Act and favorable circumstances, such as the defendant’s reason for sentencing, with no record of punishment heavier than that of a fine, such as the circumstances having the same record of committing the same crime, etc., the same sentence as