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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Force of Crimes】 The Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of Road Traffic Act in the Busan District Court’s Branch of the Incheon District Court on February 5, 2009, and a summary order of KRW 2.5 million for the same crime from the Incheon District Court on September 27, 2010 and sentenced to a summary order of KRW 2.5 million for the same crime on September 27, 201, on two occasions.
【Criminal facts】 On April 2, 2017, the Defendant driven BM3 motor vehicles under the influence of alcohol content 0.161% at approximately 15km from the 15km section from the front of a restaurant where it is impossible to identify the name located in Yongcheon-gu around 2017 to the front road of the Dong Gyeongcheon-gu, Seocheon-do, 1315.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A report on the detection of a driver driving a driving driver, a report on the circumstances of the driver driving a driving a driver, an inquiry of the results of crackdown on drinking and a report on the circumstances of driving a driver
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;
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 for mitigation of amount of punishment (number of extenuating circumstances, such as the fact that the accused has repented his/her mistake in depth and that he/she has no record of punishment exceeding a fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds, etc. for mitigation of the amount of punishment);