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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 April 15, 2009, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Port Branch on April 15, 2009, in the same court on December 27, 2010, a fine of KRW 3 million as the same crime, and on November 1, 2013, by the same court on November 1, 201, respectively.
On May 23, 2017, the Defendant driven a coo vehicle in B, while under the influence of alcohol content of about 0.140% at a distance of about 200 meters from the 200 meters to the front road of the “cood net boomed” restaurant located in the Northern-dong, Chungcheongnam-gu, Northern-do.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;