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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 September 14, 2012, the Defendant was issued a summary order of KRW 2 million by the same court as a crime of violating the Road Traffic Act (drinking on drinking), and a fine of KRW 4 million by the same court on July 26, 2013.
[2] On March 4, 2016, the Defendant driven a D-burled car with a alcohol content of 0.059% in blood while under the influence of alcohol at approximately 2 km from the roads near Samsung Chodong-gu, Seoyang-gu, Seoyang-gu to the river in the same Gangseo-dong.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.
Summary of Evidence
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. Previous convictions in judgment: Application of a reply to inquiry, investigation report (a summary attachment of an order) 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven a motor vehicle drinking four times due to the instant crime.
However, there are no criminal records of the same kind that the defendant is against and punished beyond the fine.
The alcohol concentration in blood is 0.059% lower than that of blood.
In addition, the sentencing conditions identified in the records of this case and the trial process of this case shall be determined as per the disposition in consideration of the two factors.