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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 December 31, 2010, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Ulsan District Court, and issued a summary order of KRW 2 million as a fine in the same court on September 5, 2014.
On June 25, 2017, at around 05:20, the Defendant driven a B-wing truck with alcohol content of about 0.068% while under the influence of alcohol at approximately 60 meters at a distance of 0.068% from the Mexico’s front side to the terminal distance located in Ulsan-gu, Nam-gu, Busan-do.
As a result, the Defendant once again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who violated the prohibition on driving under the above influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 14) Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (Article 53 and Article 55 (1) 3 of the same Act (Article 55 of the same type of crime is the repetition of the same type of crime, the risk of repeating the crime, and the occurrence of traffic accidents). However, even if not, there is no record of punishment heavier than the suspension of execution due to the same crime, or various circumstances, such as the details of the crime, degree of reflective attitude, drinking volume
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;