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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 1, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act, and a summary order of KRW 2.5 million for the same crime in the same court on July 1, 2015.
On August 15, 2016, around 01:10 on August 15, 2016, the Defendant driven BM5 car under the influence of alcohol with approximately 0.096% alcohol concentration at a distance of about 10 meters from the front side of the port located in the same route from the north-gu Sea-ro, Matamo-dong to the front side of the port.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records: Application of inquiry results, such as criminal records, investigation reports, and statutes;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Consideration of various sentencing factors indicated in the records, such as Defendant’s age, character and behavior, environment, and circumstances before and after crimes, other than each of the above circumstances: The fact that there is no history of traffic accident: the driving distance is shorter, the driving distance is not subject to fines twice due to drinking driving; there is no specific history of punishment other than those subject to fines twice due to drinking driving; and that no driving is possible in the future due to the disposal of a vehicle which has been driven by reflecting the error;