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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
Criminal facts
On January 21, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court's Busan District Court on May 27, 2014, respectively.
On October 3, 2018, the Defendant driven a car with the body of 0.122% alcohol level from approximately 100 meters away from the 100-meter section to the 102 Nari Complex road as the site of Sungwon-si, Changwon-si around 78 NS hotel to the same site.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (formers and report on confirmation), and statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, including the following: (a) the Defendant was divided in depth into and against his mistake; (b) there are some circumstances that may be taken into account the motive and circumstances leading to the instant crime; and (c) the Defendant had no special criminal history other than those that have been punished several times; and (d) the Defendant determined the same sentence as the order, taking into account the following factors: (a) the means and consequence of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age, sexual behavior; and (d) the intelligent and environmental