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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
Criminal facts
On September 8, 2006, the Defendant received a summary order of 1,500,000 won from the Changwon District Court to a fine for a violation of the Road Traffic Act. On March 9, 2016, the Defendant filed a summary order with the Changwon District Court due to a violation of the Road Traffic Act.
On March 21, 2016, the Defendant driven a B-hurd vehicle under the influence of alcohol content of approximately 0.104% from the 100 meters away from the 100-lane to the 123rd road in the summer-ro, Seoul Special Metropolitan City, Jin-si, Seoul Special Metropolitan City, which is about 23:05, the Defendant driven a 123-hurd vehicle under the influence of alcohol content of blood at approximately 0.104% from the 100-lane to the 8rd road of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (whether the case constitutes drinking records on at least two occasions);
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;