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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 became final and conclusive.
Reasons
Punishment of the crime
On November 26, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on November 26, 2008, and a summary order of KRW 1.5 million for the same crime at the same court on December 3, 2008.
On February 16, 2017, the Defendant, as a person who violated the provision prohibiting driving of alcohol twice or more, driven B vehicles under the influence of alcohol content of about 0.122% in the 5km section from the roads near the subway new subway station in the Gangnam-gu Seoul Metropolitan Government, to the six front roads of the Dong-dong in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. Written inquiry about criminal history, etc.;
1. A report on investigation (a report on confirmation of the same kind of power);
1. Application of Acts and subordinate statutes of each summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 suspended execution;