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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 4, 2008, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving) by the Seoul Western District Court. On February 8, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) by the Seoul Western District Court.
On June 17, 2017, around 23:38, the Defendant driven Bone Star Co., Ltd, while under the influence of alcohol content of about 0.096% at approximately 50 meters from the front of the restaurant "Song-gu, Seoyang-gu, Seoyang-ro 293" to the front of the 806 compulsory police unit located in Seocho-gu, Seoul, Seocho-ro 280.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, summary order-making statute;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had been punished three times due to drinking, including the previous conviction stated in the judgment, and the driving of drinking again is disadvantageous.
However, the defendant's violation of the crime of this case does not repeat the crime of this case; the defendant was not punished since 2013; there was no punishment heavier than a fine due to drinking; the distance of the defendant's driving is shorter; and the defendant's age, sex behavior, environment, motive for the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act.