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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] On May 28, 2013, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence for a violation of the Road Traffic Act at the Suwon Flag Flag on May 28, 2013. On May 2, 2012, the Defendant was sentenced to a fine of 2 million won due to a violation of the Road Traffic Act at the Suwon Flag Flag Glag on May 2, 201, and was subject to criminal punishment for the same kind of drinking.
[Criminal facts] On April 21, 2017, the Defendant driven B benz car under the influence of alcohol content of approximately 0.124% from a 100-meter section from the 23:37 Genz’s direction to the flow distance in the summer-gu, Jungwon-gu, Jungwon-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the situation of a driver driving a drinking and an inquiry about the results of crackdown on drinking driving;
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (the identity of a suspect, and confirmation of the same criminal history);
1. Relevant Article of the Act and 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) is repeated, but considering the fact that the defendant is against himself and is a mere drinking driver
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;