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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
[criminal history] On May 16, 2014, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on December 1, 2014, the same court was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).
[2] Under the influence of alcohol at around 00:40 on January 31, 2018, Defendant 1 driven a Bra vehicle at approximately 40 meters from the public parking lot located in Busan Dong-dong, Busan, Dongdong-dong, Urban Railroad, with a alcohol level of 0.24% on around 0:40 on January 31, 2018 to the front road of the same parking lot.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Article 53 and Article 55(1)3 of the Criminal Act for mitigation of weight (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201; 201Do122, Apr. 2, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the aforementioned normal consideration);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;