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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 30, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (drinking driving) at the Gangnam Branch of the Chuncheon District Court on May 30, 2013, and a fine of KRW 3 million for the same crime in the same court on December 20, 2006.
On May 27, 2017, at around 23:50, the Defendant driven a Category B car under the influence of alcohol concentration of about 0.189% from the 4km section of the Papumm from the Papum at Papum to the Papum road before the Capum at Capump in the East Sea.
Defendant was punished for driving under drinking more than twice as above, and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;
1. A report on the detection of the driver at home, a report on the circumstances of the driver at home, and a report on the circumstances of the driver at home;
1. On-site photographs of each accident;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (formers and review reports), and statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for repeated mitigation, etc. taking into account the aforementioned circumstances);
1. The sentence shall be suspended on the condition that the defendant's punishment shall be set within the term of punishment mitigated considering the following circumstances: (a) the defendant's family environment, etc. favorable to the defendant within the term of punishment mitigated; (b) the defendant's protection observation and attendance order under Article 62-2 of the Criminal Act; and Article 59 of the Act on the Protection, Observation, etc. of the said Act; (c) the frequency and contents of driving without a license for drinking alcohol for the reason of sentencing; (d) the drinking alcohol level of this case; and (e) the fact that the occurrence of traffic accidents; and