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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 10, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court (Seoul Central District Court), a fine of 1.5 million won for a crime of violating the Road Traffic Act (dacting driving) at the Seoul East District Court on June 19, 2009, and a fine of 3.5 million won for a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on April 27, 2010.
On November 16, 2016, the Defendant driven B-car under the influence of alcohol content of 0.061% at a distance of approximately 200 meters from the north-west of Seongdong-dong, Seongdong-gu, Seoul to the same 34 meters from the north-dong, Seongdong-gu, Seoul to the same city of 200 meters.
As a result, the defendant had a record of driving a drinking twice or more times, driving a second drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
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 (no criminal record of the same suspended sentence) ;
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;