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A defendant shall be punished by imprisonment with prison labor for up to 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 May 19, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon branch on May 19, 2008, and a fine of KRW 2 million as an identical crime from the Suwon branch of Suwon branch of December 12, 2008.
[Criminal facts] On May 28, 2016, the Defendant driven B K7 motor vehicles under the influence of alcohol content of about 0.161% at a level of about 5km from the front road of the Labor Office located in Chungcheongnam-gu, Seoul Special Metropolitan City to the front road of the Labor Office located in the Dong-gu, Seoul Special Metropolitan City to the 16th roads located in the Woo-dong Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Report on the circumstances of a driver who drives a drinking, the appearance, uniforms, language, attitudes, and notification of the results of the crackdown on the driving of drinking;
1. Investigation report (Attachment of suspect vehicle booms and video images);
1. Blue vehicle boomers and CDs;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Reasons for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the defendant: The degree of the principal offender and the degree of the principal offender (0.147% of alcohol level in blood): The circumstances favorable to the defendant have no criminal records of suspension of execution of execution of execution of sentence or more, serious reflectivity - Other comprehensive conditions for sentencing under Article 51 of the Criminal Act;