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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 17, 2013, the Defendant issued a summary order of KRW 1,500,000,000 as a fine for a violation of road traffic law in support of the Sungnam-gu Friwon, and on April 17, 2017, as a fine of KRW 2 million as a crime of violation of road traffic law in support of the Sungnam-gu Friwon Friwon, the Defendant issued a summary order of KRW 2 million.
On March 6, 2018, at around 23:10, the Defendant driven BpD car with approximately 200 meters alcohol concentration 0.086% in blood, from around 200 meters to the 27th road in Taeju-dong, Taeju-dong, Gwangju-si.
Therefore, even though the Defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and application of Acts and subordinate statutes to investigation reports (verification of suspect's history of driving alcohol);
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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da14488, Apr.
1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;