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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 23, 2011, the Defendant received each summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act, and KRW 4,00,000 as a fine for the same crime in the same court on March 13, 2012 at the same court.
On June 14, 2016, around 00:05, the Defendant driven a B body-person car with approximately 100 meters alcohol concentration 0.154% under the influence of alcohol, from the second public parking lot located in Soyang-gu, Soyang-gu, Soyang-gu to the old end of the same 45th.
Therefore, even though the defendant violated Article 44 (1) of the Road Traffic Act twice, he again driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and a report on the survey of blood alcohol;
1. Application of Acts and subordinate statutes of double copies of criminal records, reply reports, and summary order;
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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession of the accused, the degree of alcohol level, the record of punishment for drunk driving (two times), the time gap between the date of the immediately preceding detection, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, the defendant’s age, character, character, environment, environment, occupation and career, family relationship, details of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined