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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 24, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court, and on December 24, 2010, the Busan District Court received a summary order of KRW 1 million for the same crime.
On May 8, 2016, around 00:32, the Defendant driven a f passenger car under the influence of alcohol leveling 0.138% from around the Busan-dong Busan-dong to about 2km from around the Busan-dong Busan-dong Busan-dong Busan-dong Urban Highway gate, with approximately 0.138% alcohol level during blood.
The defendant is a person who has driven two times or more and drives a passenger motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. A written appraisal of alcohol during blood;
1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 20
1. An order to attend a course under Article 62-2 of the Criminal Act;