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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 Records of Crimes】 On November 1, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Daejeon District Court for a violation of Road Traffic Act, and a summary order of KRW 2.5 million by the same court on February 20, 2012 for a violation of Road Traffic Act.
【Criminal facts” around 16:55 on July 28, 2018, the Defendant driven a B QM6-car under the influence of alcohol content of approximately 2 km from the section of approximately 0.116% of alcohol content to the front road of the Yyang High School located in the Southern High School located in the same side of the Yansan-si.
Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous conviction in the same case and confirmation);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Imprisonment with prison labor chosen for the same type of punishment (one point being considered two times before the same type of punishment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act (no more than a punishment, nor more than a punishment, and no accident shall be committed again;
being taken into account the fact in
1. An order to attend a lecture or an order to provide community service is issued under Article 62-2 of the Criminal Act;