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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
[criminal history] On February 24, 2014, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on February 24, 2014, and a fine of five million won due to a violation of the Road Traffic Act (drinking driving) at the Sungnam Support of Suwon Friwon, on October 17, 2014, respectively.
[2] On February 21, 2016, around 04:51, the Defendant driven B K3 cars under the influence of alcohol content of about 4km from the 4km section to the 0.123% of alcohol concentration in blood, from the 4km section in front of the active road in the vicinity of the Gu-U.S.-U.S.-dong, the day prior to the 04:51 Sungnam-gu, Sungnam-si.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to a judgment) 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 (i.e., reflective points and absence of any record of punishment for imprisonment without prison labor or heavier punishment);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);
1. An order to attend a course under Article 62-2 of the Criminal Act;