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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 August 25, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at the Suwon District Court’s Eunpyeong District Court on August 25, 201, and on July 22, 2013, the Defendant was punished on two or more occasions due to drinking, such as receiving a summary order of KRW 3.5 million for the same crime from the same court.
Nevertheless, as of April 13, 2018, the Defendant driven a B Pote-Tech under the influence of alcohol level of 0.127% while under the influence of alcohol level of 0.127% from the front road of the “Tyeong apartment” 2651 to the front road of the 2427-28 Gu-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home, investigation report, and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as 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 suspended execution;
1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.
- There is a record of being punished several times for the same crime, provided that the driving of the drinking of this case does not cause other traffic accidents due to the driving of the drinking of this case. - there is no record of criminal punishment exceeding a fine. - The defendant is against his own mistake.