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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
Criminal facts
On June 20, 201, the Defendant received a summary order of a fine of three million won or more due to a violation of road traffic laws at the Changwon District Court on June 20, 201, and a fine of four million won or more due to a violation of road traffic laws at the Changwon District Court on January 4, 2010.
On June 15, 2016, while under the influence of alcohol 01:50% during blood, the Defendant driven a B X-ray car from around 500 meters away from the road front of the CU convenience store located in the window of Changwon-si to the road front of the Seodaemun-gu store in the same Dong, in the condition of alcohol 0.139%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;