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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On September 20, 2007, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and on July 25, 2014, a summary order of KRW 1.5 million from the Incheon District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】 On June 28, 2016, at around 21:16, the Defendant driven a bpon vehicle in the section of approximately 300 meters from the front of the 25-lane, Jung-gu, Incheon, Jung-ro, 25-ro, to the front of the 119doraland, under the influence of alcohol content 0.093% under the influence of a driver’s license for a motor vehicle at around 21:16.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, the report on the state of drinking drivers, and the driver's license register;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr.
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Order to attend lectures under Article 62-2 of the Criminal Act;