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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 September 3, 2007, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law (drinking driving) at the Jung-gu District Court. On March 2, 2010, the Defendant was issued a summary order of KRW 5 million for the same crime.
[Criminal facts] On October 23, 2016, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 0.120% alcohol content from around 50 meters away from the front of the New Flag Park in the SM5, which was in the New Flag-dong at SM5 on October 23, 2016, to the front day of the original Glag-dong in the SM5-dong at SM5.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;
1. A report on the occurrence of a traffic accident and intensity at the scene of a traffic accident;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 of the Road Traffic Act and the choice of imprisonment with prison labor for the crime;
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. A punishment as ordered shall be determined by taking into account the favorable circumstances, such as the fact that an order to attend a lecture or an order to attend a community service has a number of records of the same kind of sentencing reasons under Article 62-2 of the Criminal Act, but the defendant's recognition of a crime and reflects the fact that the defendant has no record of suspended execution for the last five years, and other favorable circumstances