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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
On September 6, 2012, the Defendant was subject to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Suwon Friwon on November 14, 2012. On June 1, 2015, the Defendant controlled driving of drinking on June 1, 2015, and violated two times or more by receiving a summary order of KRW 4 million as a fine for the same crime in the same court on June 9, 2015. However, on January 22, 2017, the Defendant was under the influence of alcohol level of KRW 0.164% among blood alcohol level around 03:50 on around 03:50 on January 22, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and reports on the occurrence of traffic accidents;
1. Statement of the circumstances of driving at home;
1. A statement of alcohol alcohol or a report on the detection of a driver with primary alcohol during blood (Evidence No. 13);
1. Previous convictions: Application of Acts and subordinate statutes to inquire about foreign crimes and investigation career data;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
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 in favor of the defendant among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Reasons for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the accused are two times before and after drinking alcohol, which are disadvantageous to the accused. The degree of main driving (0.164%) - The circumstances favorable to the accused have no criminal records of suspension of execution or more: the court recognizes errors and reflectivity; - Comprehensive elements for sentencing prescribed in Article 51 of the Criminal Act are comprehensive.