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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
[criminal history] On January 26, 2007, the Defendant issued a summary order of KRW 3,50,000 to a fine for a violation of road traffic law (drinking) at the Daegu District Court, and on April 4, 2014, the same court issued a summary order of KRW 1,50,000 to a fine due to a violation of road traffic law (drinking).
[2] On November 7, 2016, Defendant 2: (a) was a person who had a drinking alcohol driver twice or more as above, and was driving a B-te motor vehicle while under the influence of alcohol with approximately KRW 2K 0.096% alcohol concentration in the blood, from the east-gu, Seoyang-gu, Busan Metropolitan City, Seoyang-gu to the gold village of the same Eup.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
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 suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age