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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 November 16, 2007, the Defendant issued a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (drinking), and on June 1, 201, the same court issued a summary order of KRW 2 million for a crime of violation of Road Traffic Act (dacting driving), respectively.
[Criminal facts] On February 3, 2016, the Defendant driven two parts of the B Kazon Dok-dong, which are located in the same Si/Gun/Gu, from the front of the trade infinite convenience store to the front of the house at the same time, at around 00:30 on February 3, 2016, under the influence of alcohol concentration of about 2km to the front of the house at the same time.
As a result, although the Defendant violated the prohibition on drinking at least twice, he was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. The circumstantial report of the driver employed at the main place;
1. Previous conviction: Application of an inquiry letter, such as criminal history, and an inquiry report (verification of criminal history of a suspect) statute;
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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;