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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
Criminal facts
On July 9, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on June 14, 2016, issued a summary order of KRW 2 million for the same crime from the Busan District Court's East Branch.
On April 28, 2017, the Defendant driven Bone Star Co., Ltd. at around 21:30, while under the influence of alcohol 0.070% of alcohol content in blood, from around 20km section from the front of the instant restaurant to the Gacdong in Gangseo-gu, Busan.
As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of crackdown on the driving of drinking, a report on the circumstances of the driver of drinking, and an inquiry into the following:
1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;
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 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;