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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
On November 11, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violation of road traffic law in the Changwon District Court’s Tongwon District Court’s branch branch on November 11, 2009, and on April 9, 2010, issued a summary order of KRW 5 million for the same crime by the same court, etc. on April 9, 201.
On May 7, 2018, the Defendant driven a benz motor vehicle within a section of approximately one kilometer from the Do in front of the “Price Kimchi Gi” in Jinju-si, under the influence of alcohol concentration of 0.108% among the blood transfusions, to the “entry of Gangnam Village” located on the same side.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);
1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no previous conviction in the last five years);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;