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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 26, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on September 26, 2008, and on February 15, 2013 by the same court, a summary order of KRW 4 million for the same crime.
Defendant was punished as a crime of violating the Road Traffic Act by driving a motor vehicle, etc. under the influence of alcohol more than twice as seen above, and was driving B Maz motor vehicle under the influence of alcohol with approximately 5km from the beginning of the city of Gyeyang-gu, Gyeonggi-do on November 20, 2017 to the roads adjacent to the high-sea and the high-sea access road of about 15:00 on November 20, 201, while under the influence of alcohol level of about 0.216%.
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 a written inquiry, such as criminal history, and related 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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the fifth alcohol due to the instant crime since 2002.
However, there is no criminal record of drinking, which is against the defendant and punished beyond a fine.
In addition, the punishment shall be determined as ordered in consideration of the motive and background of the vehicle, driving distance, etc., and all of the sentencing conditions identified in the course of the trial.