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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 July 27, 2009, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 1,00,000,000 as a crime of violating the Road Traffic Act. On December 17, 2013, the Defendant was notified of a summary order of KRW 7,00,000 as a fine for the same crime.
[2] On March 13, 2017, the Defendant: (a) driven a car under the influence of alcohol concentration of approximately 0.164% from the 15km section to the Gapo-dong in the same Gu, where the Defendant was under the influence of alcohol content at approximately 0.164% from the 15km section to the front road of the Gapo-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the suspect's previous conviction and attachment of 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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.
Unfavorable circumstances: Although there are several records of punishment for the same crime, the crime of this case has been committed.
The favorable circumstances: The crime of this case is against the law.
There is no record of punishment heavier than that of suspended execution for the same crime.