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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On December 20, 201, the Defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act at the Busan District Court, and on December 26, 2013, the Defendant was issued a summary order of two million won or more for the same crime at the Ulsan District Court.
【Criminal Facts】
On July 24, 2015, the Defendant, who had at least two times of power in violation of the Road Traffic Act (driving) driving, driven a D Dabbb (K5) car under the influence of alcohol 0.107% at a section of about 10 meters of blood alcohol level, depending on the roads in front of C cafeteria located in Southern-gu, Nam-gu, South-gu, Gyeongpo-si, Chungcheongnam-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver, report on the results of the control of drinking driving, report on the circumstances of drinking driving and report on the results of the control of drinking driving;
1. Inquiry into the enemy;
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports, investigation reports (Attachment to the same type of crime summary order), and copies of summary orders;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act is twice the same record as the sentencing of the above Article 62-2 of the Criminal Act, and the punishment as the disposition shall be determined by comprehensively taking into account the following factors: (a) although the sentence of the above Article 62-2 of the above-mentioned Criminal Act is not applied to the cases where the defendant's age