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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 November 11, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on November 11, 2013, and a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Central District Court on April 22, 2013.
On July 7, 2018, the Defendant, while under the influence of alcohol level of 0.058% (0.062% as blood result) from blood transfusion around 04:50 on July 7, 2018, driven a B-learning car at the 1km section of approximately 1 km from the same Gu, which is the point of control, to the road northwest of the Seo-dong, Mapo-gu, Seoul, to the point of control.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver working at the main place and investigation report (specific alcoholic content in the percentage blood);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (Article 55 and Article 55 (1) 3 of the same Act does not have any history of punishment heavier than fines for the same type of crime, consideration, such as the fact that alcohol concentration in blood is relatively low, and that the error is against depth);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;