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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 a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【The Defendant issued, on May 8, 2014, a summary order of KRW 3,00,000 to a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court, and on July 20, 2015, a summary order of KRW 5,00,000 to a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court.
【Criminal fact-finding on October 23, 2017, the Defendant driven a nived car with alcohol content of 0.161% in blood around 21:07, and operated a section of about 4 km from the front of a mutually unclaimed restaurant in Seo-gu Daejeon-gu, Daejeon to the front road of the Dong-dong post office located in Daejeon-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing):
1. In light of the fact that the defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, had been punished twice due to drinking alcohol driving, he/she again drives drinking, etc., there is room for a strict punishment for the defendant.
However, the punishment shall be determined as ordered by considering the fact that there is no less punishment than a fine for the same crime, that the defendant is against the defendant, that the drinking driving is not followed by an accident.