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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 sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal record] On November 27, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on November 27, 2008 and a summary order of KRW 3 million for the same crime at the same court on March 10, 2017, respectively.
[Fact of crime] On June 8, 2018, around 10:05, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.068% at a section of about 5km from the 1029-3 of the New Black-dong 1029-3, and from the roads near the Gyeongcheon Bathing Beach to the roads in front of the same YY-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (report on the situation of the driver in charge); and
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation report);
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 (Consideration of the same type of crime, alcohol concentration in blood, details of driving, etc.);