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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal record] On April 1, 2014, the Defendant issued a summary order of KRW 5 million for a fine of KRW 1.5 million for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) at the leisure branch of the Suwon District Court. On January 16, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court’s Vice Branch.
【Criminal Facts】
On August 23, 2016, the Defendant, while under the influence of alcohol of 0.11% on blood alcohol level, driven a B SP vehicle at approximately 20km from the 20km section to the front road of the Chinese house in front of the same military literature in the Gamyang-gun, in the condition of being drunked by 0.11%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. A report on the actual status of a host driver;
1. Previous records of judgment: Application of criminal records, inquiry reports (former records and attachment reports of judgment) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (i.e., confession, reflector, criminal records, etc.);
1. Social service order under Article 62-2 of the Criminal Act;