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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 January 22, 2015, the Defendant received a summary order of KRW 4 million as a fine for a violation of road traffic law (driving under drinking), and KRW 2 million as a fine for the same crime in the same court on June 24, 2016, respectively.
On April 30, 2017, around 00:05, the Defendant driven a B-ro cruise car under the influence of alcohol content of 0.104% during blood while under the influence of alcohol from around 1km to around 337 1-gil 23-1, and the shooting distance of the Song-gu High School.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Before judgment: Application of a written reply to inquiry, such as criminal history, etc., (A), An Ansan-do 2015 Highest 689 Highest Order, Ansan-do 2015 Highest 2793 Highest Judgment and Acts and subordinate statutes related to the summary order
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning facts constituting an offense (including the choice of imprisonment, repeated driving and behavior of drinking shown in the same punishment record, the degree of alcohol concentration in the blood, the circumstances of detection, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;