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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 18, 2007, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on July 18, 2007, and a fine of KRW 1.5 million for the same crime in the same court on May 19, 2008.
On September 4, 2015, the Defendant driven a B Car under the influence of alcohol content 0.077% at a distance of about 1km from the day before the Handong-gu, Busan Metropolitan City to the day before the low-speed middle school located in the Sokdong-gu, Goyang-si, Goyang-si.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. A previous conviction in judgment: An inquiry report, an investigation report (Attachment to a summary order of the same attached power), and application of Acts and subordinate statutes governing a summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished three times by a fine due to drinking driving, repeating the instant drinking driving.
The defendant recognized the crime of this case and shown the attitude against the defendant, and there is a family member to support.
In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.