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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
Criminal facts
On October 8, 2004, the Defendant received a summary order of a fine of 1.5 million won for a violation of road traffic laws (drinking) from the Changwon District Court's Jinwon District Court's Jinju branch on the charges of violating road traffic laws. On December 23, 201, the Defendant was sentenced to a fine of 2 million won for a violation of road traffic laws (drinking) at the Changwon District Court's Changwon District Court's judgment on the charges of violating road traffic laws. On April 27, 2016, the Defendant filed a summary order with the same court
On May 4, 2016, while under the influence of alcohol 00:36% during blood, the Defendant driven a ship with Bland knife in the section of about 400 meters from the 400 meters to the front road located in the 56-ro of the Korean bank located in the same Gu, from the Joseon-ro 27, Changwon Sea in Changwon-si, Changwon-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Inquiries about criminal history and the application of Acts and subordinate statutes of the reporting of investigation (same species of force);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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 (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201