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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
On January 30, 2009, the Defendant was charged with summary order of a fine of one million won for a crime of violating road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court. On December 17, 2015, the Defendant was charged with the same crime with the same court on the same day.
On December 23, 2015, the Defendant: (a) driven a car under the influence of alcohol level of approximately 0.071% during blood alcohol level from around 9km to around 0.071% on the roads in front of the “Pulp Oil Station” in the Goyang-si, Goyang-si; (b) from around 22:38, 2015, to the roads in front of the “Yjin-si, Seogjin-si, Eupn, Gojin-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: Inquiries about criminal history, summary order, and application of the statutes in a copy of indictment;
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. 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. Consideration of protection and observation, reflection of the reason for sentencing under Article 62-2 of the Social Service Order Act, and the fact that a person commits a second offense only 12 days after a majority of his/her previous convictions and crackdowns on drinking, and the drinking volume, etc.;