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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 22, 2007, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act by the Changwon District Court, and a summary order of two million won or more as a fine in the same court on June 29, 2007.
On August 7, 2016, at around 21:35, the Defendant driven a C-A-to-purd motor vehicle at approximately approximately 20km from the 20km section to the road before it is treated for solar heat in Busan Gangseo-gu, Busan, in the residential area located in G in Jinnam-si, Jin-si, Jinnam-si B with a alcohol content of 0.183%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (former and attached documents);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, the fact that the crime is recognized and the fact that the mistake is divided in depth);