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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 March 22, 2011, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Busan District Court on March 2, 201, and was issued a summary order of 7 million won for the same crime at the same court on September 16, 2013.
A person who violated Article 44(1) of the Road Traffic Act not less than twice again, on December 20, 2016, the Defendant, at around 20:30 on December 12, 2016, driven a B Trate car under the influence of alcohol content of about 0.087% from the street in front of an original restaurant in the vicinity of the new wall market of Geum-dong, Busan to the roads preceding the Busan Geum-dong New wall market.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and other statutes;
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 62 (1) of the Criminal Act (i.e., reflective points);
1. The community service order under Article 62-2 of the Criminal Act;