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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 January 21, 2009, the Defendant received a summary order of 1.5 million won or more as a crime of violating the Road Traffic Act at the Busan District Court, and a fine of 2.5 million won or more as a crime of violating the Road Traffic Act at the Changwon District Court on September 13, 2010.
On June 5, 2016, at around 06:27, the Defendant driven a B-hand vehicle under the influence of alcohol leveling 0.108% from a section of about 700 meters from the front of a mutually influent restaurant in the vice-dong in Kimhae-si to the front day of the ambro-dong in Kimhae-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquire about criminal history;
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;