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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
On April 13, 2011, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Suwon Friwon method, and a summary order of KRW 8 million with a fine of KRW 3 million due to a violation of the Road Traffic Act at the Suwon Friwon method on June 3, 2015.
On November 20, 2015, the Defendant driven a B-learning car under the influence of alcohol level of about 0.149% in the blood alcohol level of about 100 meters in front of the 696-1, from the front day of the 03:30 on the day before the 03:30 on November 20, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;
1. The driver's license ledger;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the summary order of the relevant case);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (including the fact that the defendant is against his/her gender and the fact that he/she has no criminal record exceeding the fine, etc.);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;