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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 January 2, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and on September 1, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.
[2] On January 8, 2017, the Defendant was under the influence of alcohol content 0.058% during blood transfusion at around 22:20, the Defendant driven a golf club in Busan-dong, Busan-gu, with approximately 50 meters distance from the front side of the club, which was located in Busan-gu, to the front side of the Do-dong to the Do-dong.
As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home and a statement in the circumstances;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective facts and no record of punishment exceeding a fine) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. An order to attend a course under Article 62-2 of the Criminal Act;