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A defendant shall be punished by imprisonment with prison labor for up to 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
[criminal history] On May 30, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 51,00,000 as a crime of violation of road traffic law at the Jung-gu District Court on January 21, 2008, and a fine of KRW 3 million from an ordinary military court of Bosup in the same offense. On April 29, 2010, the Defendant was sentenced to a suspended sentence of two years for the same offense at the Jung-gu District Court.
[Criminal Facts] On November 5, 2017, the Defendant: (a) was a person who violated the drinking prohibition regulations on two or more occasions; (b) was driving a Dascam car under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.227% from the 300-meter section to the front of the indoor gymnasium in the meltyang-dong, the Government of the Republic of Korea around November 5, 2017 to the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Written response to a request for appraisal;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
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 community service order under Article 62-2 of the Criminal Act;