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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
Criminal facts
[criminal history] On March 3, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 3 million as a crime of violating the Road Traffic Act at the Suwon District Court’s House on March 3, 2009, and on July 3, 2013, the Defendant was issued a summary order of KRW 2 million with the same crime from the Suwon District Court’s House on July 3, 2013.
[2] On May 23, 2017, the Defendant driven a B-learning car under the influence of alcohol leveling of about 0.148% from the parking lot of the “digital M-ray” building located in the Young-gu, Young-gu, Suwon-si, Suwon-si, to the front road of the building.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of the driver of the vehicle driving (as stated in the facts charged in this case, it is recognized that the defendant driven a vehicle of about 10 meters as stated in the facts charged in this case), the circumstantial report of the driver of the vehicle driving, and the notification of the result of regulating the driving
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that the defendant is recognized as a substitute for the crime of this case, there is no record of criminal punishment exceeding the fine against the defendant, and all other circumstances such as the record of driving drinking
1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;