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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 June 12, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of a water source method, and on July 25, 2016, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of a water source method.
On September 24, 2017, around 03:12, the Defendant driven a Boper car under the influence of alcohol leveling of about 0.130% from the 1km section from the “military funeral hall for military people,” which is located in the Gulsan-si, a member of Ansan-si, to the 57th day of the same Gu, to the 57th day of the Hyundai Oil-si, the Defendant driven the Boper car under the influence of alcohol leveling of about 0.130%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement under the circumstances of the main office;
1. Notification of the results of crackdown on drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the lecture, despite the fact that the defendant had been sentenced to a fine for two times of drinking, again committed the crime of drinking alcohol in this case, and the amount of alcohol concentration in blood is high, while the defendant is seriously against his own will, on the other hand, there are no other criminal records except the above two times of fine, and the defendant's age, sex, environment, motive or circumstance of the crime, and circumstances after the crime, etc., are determined as ordered by the order.