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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On August 30, 2006, the Defendant received a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and a summary order of KRW 5 million for the same crime at the same court on October 28, 2013, respectively.
【Criminal Facts】
On September 4, 2016, around 14:43, the Defendant driven a blobb motor vehicle under the influence of alcohol content of approximately 0.097% from the 2km section from the front of the Jin Apartment apartment road located in 220, Sejong-si, to the end of the job group, 18, the same time road.
Accordingly, the defendant, even though he violated Article 44 (1) of the Road Traffic Act more than twice, has driven a motor vehicle under the influence of re-driving.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (attached to a summary order of the same attached power);
1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Act on the Selection of Criminal Crimes;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, May 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);