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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 January 23, 2013, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on December 5, 2013, the Defendant received a summary order of KRW 8 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court.
[2] On December 1, 2015, around 00:07, the Defendant driven a cub car in B while under the influence of alcohol with approximately 1.5km alcohol concentration of about 0.089% from the 1.5km section from the Suwon-dong Capital Market in Busan-dong, Busan-dong, to the roads of the same Gu-dong master crafts.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of drinking alcohol and reporting on the situation of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same kind of force), and summary order-making statute;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor by repeating the same kind of crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (i.e., reflectability of the accused and the fact that there is no previous conviction in excess of fines for the same kind of crime);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);
1. Protection and observation and order to attend lectures under Article 62-2 of the Criminal Act (in order to prevent recidivism as repeated crimes are committed);