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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 July 16, 2012, the Defendant was issued a summary order of a fine of KRW 3 million at the Seoul Western District Court due to a violation of the Road Traffic Act (driving). On December 12, 2013, the Defendant was sentenced to a fine of KRW 7 million for the same crime, etc.
On August 24, 2016, around 22:30 on August 24, 2016, the Defendant driven a motor vehicle B with B, under the influence of alcohol concentration of about 0.094%, from the 30m section from the parking lot for sericultural general playgrounds located in Songpa-gu, Songpa-gu, Seoul to the south side of the sericultural general playground.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;
1. Criminal records, inquiry reports, and application of statutes on judgment;
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