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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 November 3, 2015, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Ulsan District Court on 17, 2015, and a fine of two million won for a violation of the Road Traffic Act at the above court on 3 November 2015.
Nevertheless, around 00:15 on December 02, 2018, the Defendant driven a Fran vehicle on the road at approximately 11 km section from the Cart located in Ulsan-gun B to the front of the Eglsan-gu, Ulsan-gu, Ulsan-do, under the influence of alcohol concentration of 0.153%.
Accordingly, even though the Defendant violated the prohibition of drinking driving more than twice, the Defendant once again driven under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Making inquiries into the results of the control of drinking driving ( December 2, 2018);
1. Previous convictions indicated in judgment: The application of criminal records and regulations on drinking and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act;
1. As for the reason of sentencing under Article 62-2 of the Criminal Act, community service and order to attend a lecture, despite the fact that the defendant had been punished for drinking without permission, it again leads to the crime of this case. On the other hand, the defendant's age, occupation, character and behavior, family relationship, living environment, circumstances leading to the crime, etc., and the conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, etc., shall be comprehensively considered, and the execution thereof shall be suspended,