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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 23, 2013, the Defendant is a person who has been sentenced to a fine of KRW 1.5 million for a violation of road traffic law at the Seoul Central District Court on April 23, 2013, a fine of KRW 4 million for the same crime at the Seoul Southern District Court on May 6, 2013, and a fine of KRW 1 million for the same crime at the Seoul Western District Court on May 22, 2013, and had three times of driving alcohol.
On November 2, 2016, the Defendant, while under the influence of alcohol content of 0.098% in blood around 21:03, driven a motor vehicle B Albin in the section of approximately 100 meters from the front of the Gangseo-gu Seoul Metropolitan Government Gangseo-ro 302 Gangseo-ro Doro 138, the same Dororo Doro 138, a Doro Doro Doro.
Summary of Evidence
1. Statement by the defendant in court;
1. A certificate of drinking control;
1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (the confirmation of criminal history and attachment of a copy of a summary order);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the defendant's depth in committing the crime in this case and has no previous conviction heavier
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;