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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 28, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam Branch's branch on November 28, 2008 and KRW 2 million as a fine for the same crime in the Jungyang Branch's Goyang Branch's High Court on July 30, 201, respectively.
On September 7, 2016, at around 00:44, the Defendant driven a Bisher’s car with a blood alcohol content of about 500 meters from the front of Loneone Star in the Dong-dong Dong-gu, Busan Metropolitan City to the front of the 17 apartment complex in the Dong-dong in the same Sinsan-gu, Sinsan-gu.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, repeated statements and summary orders appended to investigation reports;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he had a record of drunk driving twice or more, was driving under the influence of alcohol without any special reason.
However, the defendant shows an attitude against the crime of this case.
In addition to the above points, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as per the order.