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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 August 17, 2009, the Defendant, at the Changwon District Court, issued a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), and on April 27, 2010, a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court, issued a summary order of KRW 44(1) of the Road Traffic Act at least twice. However, on November 8, 2015, the Defendant was in violation of Article 44(1) of the Road Traffic Act at least twice. However, around 00:05, around November 8, 2015, the Defendant driven a DNA car in the state of alcohol 0.95% alcohol level from approximately 1km to the road in the city of the Busan Special Metropolitan Transport Daegu-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Criminal history: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of criminal history of the same kind), and 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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. Order to observe protection and attend lectures and Article 62-2 of the Criminal Act (the possibility of re-offending in light of the majority of the criminal records of the same kind);