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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 November 28, 2008, the Defendant received a summary order of KRW 1,500,000,000 as a fine for a crime of violating the Road Traffic Act (driving in Drinking) in the support of the Sungnam branch of Suwon branch on November 28, 2008, and a summary order of KRW 2 million as a fine in the same court on May 26, 2015, respectively.
[Criminal facts] On September 20, 2015, the Defendant driven a C low-water vehicle with about 800 meters alcohol concentration at approximately 0.082% while under the influence of alcohol from the 800-meter section to the lower-distance road in the summer-gu, Seongdong-gu, Sungnam-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of the driver at home;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the result of regulating drinking driving;
1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (a summary order);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);
1. The community service order under Article 62-2 of the Criminal Act;