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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 2, 2008, the Defendant received a summary order of two million won or more as a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of 2.5 million won or more as a fine in the same court on December 11, 2010.
On December 4, 2015, the Defendant driven a B-hand vehicle in the state of alcohol alcohol 0.175% at a section of about 3km from the front of a mutually influent restaurant to the front road of the agricultural trial in the city of Kimhae-si, in around 21:27, 2015, to the front road of the agricultural trial in the city of Kimhae-si.
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;