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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 August 3, 2009, the Defendant received a fine of KRW 2 million from the Seoul Central District Court to a crime of violating the Road Traffic Act (drinking driving), and on July 12, 2010, a fine of KRW 5 million from the Incheon District Court to the same crime.
[Criminal facts] On June 8, 2017, the Defendant driven approximately 2 km from the 2km section to the roads prior to the Dong-ju modern Motor Vehicle Services, which were located in the first Eup in Gwangju-si, Gwangju-si, and located in about 148, the 0.165% of alcohol content during blood transfusion around 21:49.
Summary of Evidence
1. Statement by the defendant in court;
1. An explanatory note;
1. A report on the detection of the driver involved and response to a request for appraisal;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes;
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 suspension of execution (it shall be taken into consideration that there is no previous conviction, other than the previous conviction of a fine for the same kind, and that it is a simple drinking driver;
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;