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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 18, 2007, the Defendant received a summary order of KRW 1,500,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on January 11, 201, respectively.
On February 10, 2019, at around 22:00, the Defendant driven the E-Wki Motor Vehicle under the influence of alcohol concentration of about 300 meters from the front road of the gas station in Ulsan-dong, Ulsan-dong, U.S., to the D. D., Ulsan-dong, with a blood alcohol concentration of 0.167%.
As a result, even though the defendant had been punished for the violation of the Road Traffic Act at least twice, he/she has driven a motor vehicle while under the influence of re-driving.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records: Application of Acts and subordinate statutes, such as criminal records and a list of related cases;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act provides that the same sentence as the order shall be determined by taking into account the following: (a) the fact that a vehicle was scrapped while having been sentenced to punishment due to the drinking driving of a defendant for the reason of sentencing under Article 62-2 of the Criminal Act; and (b) the fact that the vehicle was scrapped after the commission of the crime; and (c) the fact that the defendant’s age, occupation, character and behavior, family relationship, living environment, circumstances leading to the crime; and (d) the circumstances after the commission of the crime, etc.,