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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 November 6, 2006, the Defendant was issued a summary order of 700,000 won for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on May 26, 201, and was issued a summary order of 4 million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on September 21, 201.
[Criminal facts] On September 10, 2015, the Defendant, while under the influence of alcohol content of 0.197% in blood around 23:34, operated a car-free car in approximately 1km from the area near the Southern-dong sand market in the Namdong-gu Incheon Metropolitan City to the front road of 1185-2, Namdong-gu, Incheon Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the driver involved and response to a request for appraisal;
1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (a copy of the summary order attached to the same type of crime experience);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);
1. An order to attend a course under Article 62-2 of the Criminal Act;