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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
Criminal facts
On October 13, 2008, the Defendant received a summary order of a fine of one million won or more as a crime of violating the Road Traffic Act at the Busan District Court, and a fine of four million won or more as a crime of violating the Road Traffic Act at the Changwon District Court on February 18, 2013.
On September 26, 2015, the Defendant, while under the influence of alcohol content of 0.117% during blood transfusion, driven a vehicle B from approximately 2 km to the front distance of the Changwon Hospital located in the city of Changwon-si, Sungwon-si to the front distance of the Changwon Hospital located in the same Dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;