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A defendant shall be punished by imprisonment for 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
On August 12, 2013, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch, and a summary order of KRW 2.5 million for the same crime from the Daegu District Court’s Port Branch on September 1, 2017.
Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven BK3 car from the 300m section to the road in front of the exhibition site of the unit 300m from the 300m section in front of the apartment of SK3 apartment in the south-gu city at the port of port under the influence of alcohol level of 0.061% during the blood transfusion around June 7, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the previous summary order attached thereto);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of a sentence of alternative imprisonment (to consider the fact that there has been the history of being punished twice due to drinking driving, and in particular, the fact that a fine of KRW 2.5 million has been issued for a crime of violating the Traffic Act on September 1, 2017, as stated in the above facts constituting the crime of this case, even though it was issued on September 1, 2017, it constitutes the crime of this case again for nine months thereafter);
1. Article 53 and Article 55(1)3 of the Criminal Act (including the fact that the numerical value of alcohol concentration in blood is not so high, the fact that there is no record of crime exceeding a fine, the fact that there is no record of crime exceeding a fine, the fact that a mistake is recognized, and the fact that a serious reflect is made, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);