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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 13, 2007, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at the Busan District Court, and on August 11, 2014, the Defendant was sentenced to a summary order of two million won for a crime of violating the Road Traffic Act at the Changwon District Court.
On August 2, 2017, at around 02:49, the Defendant driven B rocketing car under the influence of alcohol content of about 1k from a section of approximately 0.143% in blood to the front road of the active school distance located in the Gimhae-si, Kimhae-si.
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. Reporting on the detection of suspected victims of violating traffic laws on roads;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Notification of the results of regulating drinking driving;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);
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 subparag. 1 subparag. 3 of the Criminal Act to reduce the amount of punishment (see, e.g., Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);
1. An order to attend a course under Article 62-2 of the Criminal Act;