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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 May 19, 2014, the Defendant received a summary order of KRW 1 million from a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving of Drinking) in the support for the development of a water source method, and on June 5, 2014 from a support for the development of a water source method, to a fine of KRW 1,00,00,000, respectively.
On April 5, 2017, the Defendant driven a B-Woo-Wood car under the influence of alcohol concentration of about 0.150% in the direction of apartment complex 50 meters from the day on which Lone Star shop in the Dong-gu Dong-gu, Busan Metropolitan City to the day on which it is located in the Dong-gu, Seo-gu, Busan Metropolitan City to the day on which it is located in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;
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 (verification of the same type of force);
1. Relevant legal provisions concerning the crime, Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the selective punishment, the choice of imprisonment [any unfavorable circumstances, such as the fact that the defendant has been punished for a crime of violating the Road Traffic Act twice in 2014, and that the blood alcohol concentration in the crime of this case has reached 0.150% at the time of the crime of this case];
1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of a small amount (a favorable circumstance, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake);
1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;