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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
On March 5, 2010, the Defendant was sentenced to a summary order of 2.5 million won as a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s Eunpyeong site, and the Defendant was sentenced to a suspended sentence of 2.5 million won on November 25, 2010 by the same court as the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).
Although the Defendant had been punished for driving alcohol as above two times, on June 11, 2016, he again driven D 1 ton, while under the influence of alcohol with approximately 0.169% (%) of alcohol concentration on the front side of the Gyeonggi-si B at approximately 1m on the roads located in Gyeonggi-si B on June 11, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A report on the actual condition of traffic accidents, and a report on the occurrence status;
1. 112 Reporting case handling table;
1. Statement of the circumstances of driving at home;
1. Notification of the results of regulating drinking driving;
1. All on-site photographs;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order - The primary reason for sentencing: It shall be determined as per Disposition on the grounds of the criminal records stated in the facts of crime and the previous record of punishment twice or more due to drinking driving.