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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 March 8, 2012, the Defendant received a summary order of a fine of KRW 2 million for a violation of road traffic law (drinking driving) in support of the Sungnam-gu Friwon, and on May 23, 2011, the Defendant received a summary order of KRW 1.5 million for the same crime in the same court.
On December 21, 2016, the Defendant driven a B Poter under the influence of alcohol content of 0.098% at around 0.098%, from the road near the 2nd parallel of Taenam-si, Sungnam-si to the road in front of the 1259 Gyeonggi-nam Police Station, according to the same gender south of the Gu.
Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of summary order accompanied by a copy of the 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 to mitigate amount of a small amount (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e., Supreme Court Decision
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;