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A defendant shall be punished by imprisonment with prison labor for up to 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 March 2, 2007, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million from the same court on June 10, 2013 to the same crime.
[2] On September 9, 2016, the Defendant driven B K7 cars under the influence of alcohol leveling 0.157% from a 500-meter section of alcohol level to the front road of the Sinsan-gu, Seoul Special Metropolitan City, Jinjin-gu, Seoul Special Metropolitan City, to the end of the Sinsan-gu, 90-ro in the city of 50 meters from the end of the city of Mansan-gu to the front road of the Sinsan-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, the appearance, uniform, language, and attitude of the driver of drinking;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Reasons for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the defendant: The extent of the main sentence (0.157% of alcohol level in blood) - The circumstances favorable to the defendant: the serious reflectivity, the absence of any criminal record beyond a suspended sentence, and other matters subject to the conditions for sentencing under Article 51 of the Criminal Act;