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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 of the final judgment.
Reasons
Punishment of the crime
[criminal power] On November 7, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court. On February 9, 2012, the Defendant issued a summary order of KRW 2,50,000 for a violation of the Road Traffic Act (driving) at the Seoul Central District Court. On August 21, 2012, the Defendant issued a summary order of KRW 7,00,000 for a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court.
【Criminal Facts】
On June 6, 2015, while under the influence of alcohol by 0.197% on blood alcohol level, the Defendant driven a number plate 125 scooters from the front side of the new building in Seongbuk-ro 28, Seongbuk-gu, Seoul to the front side of 22-12, in Seongbuk-gu, Seongbuk-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports (Attachment to the same type of force);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) although the defendant can have the same criminal records, the defendant has no criminal records exceeding fines; (b) the defendant reflects the defendant; (c) the driving distance of this case is not long; and (d) the risk of the defendant's operation of scooter is relatively small; and (e) other factors of sentencing prescribed by Article 51 of the Criminal Act, including the circumstances surrounding the crime of this case; (b) the defendant's age, character and conduct, environment, occupation, and family relationship