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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 April 13, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), etc. at the Suwon Friwon method, and on December 17, 2013, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court.
On June 16, 2016, the Defendant, while under the influence of alcohol content of 0.133% during blood transfusions, driven a car with CW in the section of about 300 meters from the Hanyangp Ra to the road front of the hot spring flow in the same Dong, from the Hanyangp Ra, which is located in the Busan Blue Zone, to the road in front of the hot spring flow.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, etc., of a copy of the summary order, approximately approximately approximately 24392, and approximately 2552, which is about 2011, to the Busan District Court;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):
1. Although there exists a record of criminal punishment four times due to driving of normal drinking disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, there is no record of criminal punishment exceeding the fine that the driving distance is beyond the fact that the crime of this case was committed at the same time, and that there is no record of criminal punishment, such as the Defendant’s age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., shall be comprehensively taken into account and determined as the sentence as ordered.