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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 November 29, 2010, the Defendant was issued a summary order of KRW 2 million with fines of KRW 1 million for the same crime from the Daegu District Court Port Branch on March 14, 2017, as well as a summary order of KRW 1 million with fines of KRW 1 million for the same crime, in the support of the Suwon District Court of Korea for the violation of the Road Traffic Act (driving).
피고 인은 위와 같이 도로 교통법위반( 음주 운전) 죄로 2회 이상 처벌 받은 전력이 있음에도, 2018. 3. 3. 23:20 경 혈 중 알코올 농도 0.170% 의 술에 취한 상태로 포항시 북구 죽도로 13-1에 있는 뚱보 철물 앞에서부터 같은 구 용 당로 5에 있는 대성 사료 앞까지 약 500m 구간에서 B SM3 승용차를 운전하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of an alternative imprisonment with prison labor (with the previous record of punishment twice due to driving of alcohol, taking into account the circumstances, such as the fact that the instant crime was committed again despite the past record of punishment, and that the numerical concentration of alcohol in the blood of this case is considerably high);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (including the fact that there is no record of crime exceeding a fine, and the fact that the person shows an attitude to recognize a mistake and reflect on it);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);
1. An order to attend a course under Article 62-2 of the Criminal Act;