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A defendant shall be punished by imprisonment with prison labor for up to 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
On July 10, 2009, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Seoul Southern District Court, and KRW 2 million as a fine at the Seoul Western District Court on May 11, 201.
On May 24, 2014, around 00:45, the Defendant driven CMW car in the state of 0.105% in blood alcohol concentration at a section of approximately 200 meters around the department store, which is located in the same Dong and located in the same Dong, from the Lone Star adjacent to the Sinsan-dong Port-dong, Seoyang-si. The Defendant driven CM car at the state of 0.105% in blood alcohol concentration.
Therefore, even though the Defendant violated the regulations on prohibition of drinking driving more than twice, the Defendant again driven a car while under influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;