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A defendant shall be punished by imprisonment with prison labor for up to 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
[2] On August 16, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law at the port branch of the Daegu District Court on August 16, 2007; on April 1, 2011, the same court issued a summary order of KRW 2,00,000 as a fine for the same crime; and on May 15, 2013, the same court issued a summary order of KRW 5 million as an identical crime.
[2] On April 22, 2017, the Defendant driven a BN model while under the influence of alcohol with approximately 0.086% alcohol concentration from the 3km section in the southyang-gu's movement to the road front of the southyang-gu's movement located in the same city, from the 3km section, around 23:38 on April 22, 2017.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: References to inquiries and investigation reports (verification of violations of the provisions concerning prohibition against drinking driving at least twice) and the application of Acts and subordinate statutes;
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. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, are that the defendant does not repeat the crime by breaking his mistake, the amount of alcohol concentration in blood at the time of driving, the records of punishment for the same kind of crime, and other circumstances that form the sentencing conditions specified in the pleadings of the instant case, such as the defendant's age, environment, and sexual behavior, shall be determined as per the text, in consideration of all the circumstances.