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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 11, 2010, the Defendant issued a fine of one million won for a violation of the Road Traffic Act at the Ulsan District Court, and on December 31, 2010, a summary order of five million won for a violation of the Road Traffic Act was issued by the same court.
On October 20, 2015, at around 04:10, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 500 meters alcohol content 0.186% at a section of approximately 50 meters from the front day of the cafeteria referred to as the “shorter, rearer,” which is located in Ulsan-gu New-dong, Ulsan-gu, Ulsan-gu, to the souther Company distance located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the circumstances of drinking drivers, and report on the control of drinking driving;
1. A previous conviction in judgment: An inquiry report, an investigation report (examination of a summary order with the same attached power), and the application of a copy of each summary order under statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentence is to be determined like the order, taking into consideration the favorable circumstances, such as the fact that even though there was a record of punishment twice due to drinking driving, even though it had been sentenced twice due to the reasons for sentencing under Article 62-2 of the Criminal Act, there was no record of punishment exceeding the fine, and the fact that it is against the law, etc.