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A defendant shall be punished by imprisonment with prison labor for up to 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 January 29, 2013, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 4 million from the same court on October 10, 2014 to a crime of violating the Road Traffic Act.
On May 5, 2018, at around 02:35, the Defendant driven a B knife car under the influence of alcohol content of approximately 0.097% from the front of the yellow water distance from the Geumdong in Daegu Suwon-gu to the front road of the Rain Knife-dong in Daegu Suwon-gu.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of second-class Acts and subordinate statutes, written inquiries about criminal history, written summary orders;
1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense (the point of drinking alcohol) of the relevant Act;
1. Selection of imprisonment with prison labor chosen;
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 sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive and circumstances after crimes, etc., shall be determined as ordered in consideration of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's two times of criminal punishment for the same kind of crime, the defendant's reflects the defendant, the defendant has no criminal records exceeding the fine, and the defendant's age, sexual conduct, environment