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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
[criminal history] On May 25, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Busan District Court, on February 17, 201, to a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Busan District Court. On December 21, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Busan District Court.
[2] On April 28, 2017, around 17:30, the Defendant driven a B-wing truck under the influence of alcohol level of about 0.158% from the 100 meters section of blood alcohol level to the 756-1 front road of the Korean cement C-U.S. located in 96, Busan C-U. S. C-U. C-U., Busan, for about 17:30 on April 28, 2017.
As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (Attachment to the same type of judgment, etc.);
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Article 53 and Article 55(1)3 of the Criminal Act (i.e., the reflection of the gender, the occupation of a dependent family member, the interval between the previous criminal records, etc.);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;