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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
[criminal history] On June 18, 2007, the defendant was sentenced to imprisonment for 4 months and 2 years of suspended execution for a crime of violating road traffic laws at the Jeju District Court, and on July 10, 2008, the same court issued a summary order of KRW 5 million for a crime of violating road traffic laws.
[2] On May 5, 2016, at around 05:03, the Defendant driven a 22.5 ton of the first walk truck with alcohol concentration of approximately 0.079% in the 5km section from the long-term Dong of Gyeyang-gu, Incheon to the transportation road located in the Dogri-ri, Kimpo-si, Gopo-si, Kimpo-si to the third-distance road.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Suspect photograph at the time of crackdown;
1. The application of the Act and subordinate statutes to inquiries, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 Decision 62 (1));
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;