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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 August 13, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act, and on March 4, 2015, the Defendant was issued a summary order of KRW 5 million by the Ulsan District Court for a violation of the Road Traffic Act.
On April 6, 2019, at around 14:26, the Defendant driven an EMW car with approximately 300 meters alcohol concentration 0.076% under the influence of alcohol in the section of approximately 300 meters from the Do near Ulsan-gu B to the front road in Ulsan-gu C.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the results of the crackdown on drinking driving, a reply to blood collection, and an appraisal report;
1. Previous convictions in judgment: Application of criminal records and summary orders of the same kind of power;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the facts constituting an offense [election of imprisonment]
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 for the following reasons: (a) even though there was a history of punishment for driving under the influence of alcohol by the defendant for the reason of sentencing, it again leads to the crime of this case; (b) while, on the other hand, it is deemed that the defendant will not repeat again after committing the crime; (c) the degree of drinking is relatively minor; and (d) the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, circumstances after committing the crime, etc., the sentence like the order shall be determined by taking into account