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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
On July 15, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on the grounds of the violation of the Road Traffic Act, and on March 19, 2015, the Defendant was punished on at least two occasions due to drinking, such as receiving a summary order of KRW 3 million for the same crime from the same court.
Nevertheless, on December 1, 2016, at around 23:13, the Defendant again driven a B B B-T car under the influence of alcohol concentration of about 0.180% from the 3km section from the road located in the Gangnam-gu Seoul Metropolitan Government (Seoul Special Metropolitan City), to the same road as Gwangjin-gu, Seoul Special Metropolitan City to the 252-way road.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to inquire about a written statement of a driver under driving alcohol and the results of crackdown on drinking driving;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Although the reason for sentencing under Article 62(1) of the Criminal Act was already punished twice due to drinking driving, there is no need for strict punishment in terms of driving driving again.
However, he/she does not drive under the influence of alcohol again;
The decision is delivered with the order in consideration of all kinds of sentencing conditions, such as the fact that the person has been punished twice due to drinking driving, and the fact that the person has no record of punishment other than the person has been punished for two times due to drinking driving, and the age of the defendant.