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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 October 31, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of road traffic law at the Seoul Southern District Court (drinking driving). On July 12, 2012, the Defendant was issued a summary order of KRW 5 million for the same crime from Ansan Support in Suwon Friwon method to a fine of KRW 1.5 million for the same crime.
[2] On December 12, 2016, the Defendant: (a) was a person with at least twice the history of violating the Traffic Act on the road; and (b) was driving B K3 cars under the influence of alcohol of approximately 0.221% during blood alcohol in the section of about 500 meters from the 50-meter radius to the front road of the same Si-ro 930 square meters from the road near the ancient-do laverb in the laver-dong with the ladic function of the laverg in the laver-dong of the city at around 21:30.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (the previous confirmation thereof), and copies of each summary order;
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. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;