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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On May 31, 2013, the Defendant is a person who has been sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court on May 31, 2013, and a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Busan District Court on July 29, 2014.
On April 7, 2016, under the influence of alcohol level of 0.085% among blood transfusion around 01:00, the Defendant driven a BM5 car at a section of about 10km from the parking lot of Hyundai Amke apartment in Busan Southern-gu to the front road, from the official door in Busan-dong, to the front road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to materials related to criminal history);
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;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Article 62 (1) of the Criminal Act on the suspension of execution;
4. Consideration, such as the fact that an order to attend a course is not entered in the sentence of imprisonment without prison labor or heavier punishment for the same crime for which punishment is imposed under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the said