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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 October 6, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for the same crime in the Seocheon Branch of the Daejeon District Court on February 4, 2010, as well as KRW 2 million as a fine for the same crime in the Seosan Branch of the Daejeon District Court on February 4, 2010.
On February 24, 2017, the Defendant driven B K5 vehicles under the influence of alcohol concentration of about 0.114% at the distance of about 1.5 km from the 6rd apartment site located in the New Site of Heungcheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, to the end of the 368 Yarido.
As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site evidence and photographs;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (verification of the same type of force), and application of Acts and subordinate statutes of Part II of the judgment;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. The punishment to prevent recidivism of the accused on the grounds of sentencing under Article 62-2 of the Criminal Act, including the records of the same crime, the drinking volume of the accused, the age, career, home environment, etc. of the accused, shall be determined by taking into account the following factors: