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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
The Defendant, at the Daegu District Court on May 26, 2009, issued a summary order of KRW 1,50,000,000 as a crime of violating the Road Traffic Act, and the Defendant, at the same court on February 5, 2016, issued a summary order of KRW 1,50,00,000 as a fine for the same crime on at least two occasions.
On March 20, 2018, the Defendant driven a BSP car at around 500 meters in the direction of the Glateral Self-Support Center in approximately 73 meters in front of the 73-lane in the same Eup/Myeon, while under the influence of alcohol content of 0.156% in the light of around 00:55, the Defendant driven a chip car at around 500 meters in the direction of the Glateral Self-Support Center in the same Eup/Myeon.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Written inquiry about criminal history, etc.;
1. Investigation report (Attachment of the previous summary order) and application of each of the summary order statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 suspended execution;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.
- There are two occasions the history of punishment for the violation of road traffic laws (driving), - the recognition and reflect of the crime, and the non-driving of drinking again;