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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 record] The defendant has the record of being sentenced to a summary order of KRW 700,000 as a crime of road traffic law at the Cheongju District Court on November 12, 2008, and a summary order of KRW 2,000,000 as a same crime in the same court on November 26, 2008.
[2] On January 4, 2017, the Defendant driven a B New Poter Cargo under the influence of alcohol leveling to 0.19% of alcohol leveling from a section of about 20km to the middle distance from the middle distance from the 20km of the Maternyang-gun, Chungcheongnamyang-gun on January 4, 2017.
Summary of Evidence
[Criminal facts]
1. Statement by the defendant in court;
1. Report on the circumstances of the driver's license at home and report on the circumstances of the driver's license at home;
1. Inquiries about the results of crackdown on driving alcohol [criminal records]
1. Written inquiry about criminal history, etc. (A);
1. Application of Acts and subordinate statutes of the summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.
The fact that there has been two times of punishment due to the violation of the Road Traffic Act (drinking driving), confessions and reflects that there has been a record of punishment.