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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 February 21, 2007, the defendant was issued a summary order of 700,000 won for a crime of violating the Traffic Act at the Busan District Court on February 21, 2007, and a summary order of 4 million won for a crime of violating the Traffic Act at the same court on October 30, 2013.
On December 11, 2016, the Defendant driven B automobiles at a distance of 5km from the front of the Busan High School located in the Seocho-gu Busan High School to the front road of the international white apartment located in the Busan High School, Busan High School, under the influence of alcohol content of 0.126% among blood transfusion around 23:53 on December 11, 2016.
As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Response to a request for appraisal;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective points and no record of punishment exceeding a fine) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Article 62-2 (1) of the Criminal Act on an order to attend a course;