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A defendant shall be punished by imprisonment for nine 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
On June 16, 2014, the Defendant issued a summary order of KRW 1,500,000 by the Changwon District Court to a fine for a violation of road traffic laws (drinking), and on September 14, 2015, the Defendant was issued a summary order of KRW 1,50,000 by the Changwon District Court to a fine for a violation of road traffic laws (drinking).
On June 9, 2016, the Defendant driven B SP motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration 0.077% at a section of approximately 50 meters from the roads of “sea travel restaurant” located in the city of Sungwon-si, Sungwon-si to the roads of the Central Dong Community Center located in the same Dong from the roads.
On June 16, 2014, the Defendant issued a summary order of KRW 1,500,000,000,000,000 to a fine for a violation of road traffic law at the Changwon District Court on June 16, 2014, and on September 14, 2015, the same court issued a summary order of KRW 1,50,00,000 as a fine for the same crime.
On August 2, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle around 01:35, driven a Maz motor vehicle at approximately 2 km from the new side of Changwon-si to the center of the same Gu, while under the influence of alcohol by 0.060% during blood.
Summary of Evidence
"2016 Highest 2139"
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking;
1. Previous convictions in judgment: (A) a response to inquiries, such as criminal history, and a report on investigation (a) (a) a copy of a summary order; 2534, which shall be attached);
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);
1. Driving a motor vehicle under the influence of alcohol for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. A crime under Article 40 and Article 50 of the Criminal Act, which violates the Traffic Act of the Republic of Korea on August 2, 2016 and violates the Traffic Act of the Republic of Korea.