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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On February 23, 2007, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act, and a summary order of three million won or more as a fine in the same court on July 30, 2012.
On October 2, 2015, at around 21:00, the Defendant driven B1 ton cargo vehicles with approximately 10km from the 10km section of blood alcohol content to the front road of the Gidong apartment in Jin-gu, Jin-gu, Jin-si, Kimhae-si, while under the influence of alcohol by 0.094% from the 10km section of blood alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and