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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
[criminal history] On April 3, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in support of the development of the Sugwon method, and on July 5, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on August 4, 2014, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and on August 4, 2014, issued a summary order of KRW 5 million for a total of three times.
[2] On March 23, 2018, the Defendant driven CSP car under the influence of alcohol with approximately 50km alcohol content of about 0.115% from the section of approximately 50km to the road before the “head of the registry” located in the Sinpo City, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.
Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving under the influence of alcohol in violation of the prohibition on drinking again.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. Response to a request for appraisal;
1. Inquiries about criminal history and the application of Acts and subordinate statutes of the reporting of investigation (same species of force);
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
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 Decision 62 (1)
1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;