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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
[criminal history] On April 29, 2014, the Defendant received a summary order of KRW 4 million from a fine of KRW 4 million due to a violation of road traffic law (drinking) at the Daejeon District Court on April 29, 201, and a summary order of KRW 5 million from a fine of KRW 5 million due to a violation of road traffic law (drinking) at the Daejeon District Court on July 4, 2014.
[2] On February 23, 2016, around 02:50, the Defendant driven a DNA car while under the influence of alcohol leveling 0.106% from the 4.5km section to the front road of the “gold-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong,” located in the same city-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.
Summary of Evidence
【Criminal Facts】
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Inquiries about the result of crackdown on driving alcohol [the criminal records as stated in the judgment];
1. Written inquiry and reply (criminal career);
1. Investigation report (verification of the past record of the same kind of crime);
1. Application of a copy of the summary order under 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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.
The fact that there has been three-time penalties due to drinking driving, the fact that alcohol concentration in blood is significantly high, and that there is a reflective fact;