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1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 31, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on August 31, 2006, a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving) at the same court on July 21, 2009, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (dacting driving) at the same court on November 23, 2009.
Criminal facts
On November 14, 2017, the Defendant driven a Crocketing motor vehicle at the section of about 1.5 km from the front of the Suwon-gu Office located in the Namcheon-dong of Busan to the front of the 3rd exit located in the same Gu, under the influence of alcohol level of 0.169% among the blood transfusions around 00:35, the Defendant driven a 1.5 km motor vehicle at the section of approximately 1.5 km from the front of the Suwon-dong Office located in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous offense: Application of Acts and subordinate statutes of inquiry about criminal history;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;