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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 14, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 3 million for the same crime at the same court on April 15, 2014.
On June 20, 2017, the Defendant driven a B golf car under the influence of alcohol leveling 0.147% from the 10km section of approximately 10km to the underground parking lot of the Cluin apartment located north-ro 54 in Yangsan-si, Yangsan-si.
Accordingly, the Defendant, who violated his duty not to drive alcohol more than twice, was driving under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 14) Acts and subordinate statutes;
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. Article 53 and Article 55(1)3 of the Criminal Act (Article 555(1)3 of the Act on Reduction of Small Quantity (Article 53 and Article 55(1)3 of the same Act provides that the punishment for the crime is not less than 0.147% in light of the severity of the crime, the risk of repeating the crime, and the degree of drinking, etc., but not less than the punishment for a more than the suspension of execution due to the same crime, the fact that there is no history of the punishment for a more than the suspension of execution due to the same crime
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;