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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 27, 2007, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on July 17, 2009, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on July 17, 2009, and a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on October 21, 2010, respectively.
On September 10, 2017, at around 00:25, the Defendant driven a BM6 car while under the influence of alcohol content of about 20 meters at the parking lot for the old fishery market located in Dongjak-gu Seoul Metropolitan Government Nowon-ro 674.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A record of pulmonary measurement;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (to visit, investigate, ct perusal and analysis);
1. The application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report on the past record of the same kind of crime) statute;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
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;