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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
Criminal facts
[criminal history] On October 8, 2012, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on the grounds of a violation of the Road Traffic Act. On November 17, 2016, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million with the same crime.
[Criminal facts] On August 26, 2017, the Defendant driven a motor vehicle of 1 km B Am from the front of the Hem-distance transfer road in Suwon-si, Suwon-si, which is under the influence of alcohol level of 0.194% among the blood transfusion around 03:08, to the front of the non-fam-distance transfer road in Suwon-si, Suwon-si, Suwon-si.
As a result, the defendant, who has been punished not less than twice due to drinking driving, once again driven a drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the results of measurement and a report on the detection of a primary driver;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act), that the criminal defendant is divided into and reflected against the criminal act in this case, that human and material damage
1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;