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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 18, 2007, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving), and on March 26, 2014, the Defendant was sentenced to a fine of 5 million won for the same crime at the Seoul Northern District Court.
On July 24, 2016, the Defendant driven B, while under the influence of alcohol 0.066% from the 7km section of approximately 7km-ro to the same Sindo-ro 214, the Defendant driven B, while under the influence of alcohol, from the roads adjacent to Sindo-ri, Suwon-si, Suwon-do-si, Suwon-do-si to the roads prior to 214.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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 stay of execution (Consideration of the control point of drinking and the concentration of alcohol during blood);
1. An order to attend a course under Article 62-2 of the Criminal Act;