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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
Punishment of the crime
On August 10, 2009, the Defendant issued a summary order of KRW 500,000 to a fine for a violation of the Road Traffic Act at the Busan District Court on August 10, 2009, and on August 7, 2014, the Defendant violated Article 44(1) of the Road Traffic Act at least twice by receiving a summary order of KRW 4 million for the same crime from the same court.
On February 22:25, 2018, the Defendant, while under the influence of alcohol level of 0.067% during blood transfusion, driven BMW car from the section of approximately 1 km to the road before the Dong-dong-dong-dong-gu, Busan Metropolitan City trigram, from the road before the Dong-dong-dong-dong, to the road before the Dong-dong-dong-dong-dong-dong Maintenance.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions indicated in the judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal records of the same kind and two times, and attachment of summary orders for the relevant case);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 suspended execution;
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Republic of Korea are as follows: (a) considering the unfavorable circumstances such as the fact that the Defendant again committed the instant crime even though the Defendant had had the record of punishment for driving under drinking twice, and that the Defendant recognized the instant crime, and the Defendant repented the mistake in depth; (b) the drinking volume of the instant case is low; and (c) there is no record of criminal punishment exceeding the fine; and (d) taking into account the favorable circumstances such as the fact that there was no record of criminal punishment exceeding the fine, the Defendant shall determine