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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 April 17, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic law (driving), and a fine of KRW 3 million for a crime of violating road traffic law (driving alcohol) in the same court support on April 28, 2014.
Although the Defendant had a history of driving alcohol more than twice as above, on February 17, 2016, at around 21:30, the Defendant driven a B-H test under the influence of alcohol content of approximately 0.160% from the front section of approximately 200 meters to the road in front of the Korean heating Corporation located in the same Si-dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking, report on the circumstances of the driver driving a drinking, and inquiry into the results of crackdown on drinking;
1. Previous convictions in judgment: (A) a written inquiry about criminal history and the application of Acts and subordinate statutes to investigation reports (not less than twice drinking driving records);
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 suspended execution;
1. Where a sentence is determined as ordered by taking into account the defendant's records of drinking, drinking volume, and other age, sex, environment, etc. for the reason of sentencing under Article 62-2 of the Criminal Act, and community service and lecture order shall be issued to prevent recidivism;