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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 May 14, 2013, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on May 14, 2013, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court Branch Branch on January 21, 2009.
On November 7, 2017, around 18:48, the Defendant driven a D body string 0.301% alcohol level from approximately 50 meters away from the 197 Guro-ro, Guro-gu, Seoul, to the same commercial Ablue juthro from the 7-dong-ro, Guro-gu, Seoul, to the same commercial Ablue justro, the Defendant driven a D body string car under the influence of alcohol level of 0.301%.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice, was driving the said car under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;
1. A statement of the detection;
1. Previous convictions in judgment: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (the same criminal records and confirmation);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 suspended execution;
1. The punishment shall be imposed in consideration of the fact that the degree of alcohol level among the blood transfusions is high during the sentencing of Article 62-2 of the Criminal Act but the driving distance is relatively short, the defendant has two previous convictions in the same way, the age, sex, environment, motive and circumstances of the crime, etc. of the defendant;