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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 October 28, 2008, the Defendant was issued a summary order of 2.5 million won by the Seoul Western District Court as an offense of violating the Road Traffic Act (drinking on drinking), on February 7, 201, a fine of 2 million won for the same offense at the Seoul Western District Court, and on April 11, 201, a fine of 2.5 million won for the same offense at the Seoul Western District Court.
[Criminal facts] On February 1, 2017, the Defendant was under the influence of alcohol level of 0.056% during blood transfusion around 23:41 on February 1, 2017, and the Defendant driven C Poter cargo vehicle at one kilometer from the roads located in Songpa-gu Seoul Metropolitan Government to 170 front day of the Dong-dong, Songpa-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on driving alcohol;
1. The driver's license ledger;
1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the previous and summary order attached);
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 punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2006Da11
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. An order to attend a course under Article 62-2 of the Criminal Act;