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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 31, 2007, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1,500,000 for the same crime from the same support on April 21, 2017, respectively.
1. On July 21, 2017, at around 19:30, the Defendant driven B Maz car under the influence of alcohol concentration of approximately 0.078% in a section of about 2.5km from the trade in front of a non-cafeteriaed restaurant in the corner of the Chungcheongbuk-gun, Chungcheong-gun to the front day of the trade of the Amatop vehicle in the middle of the same military accounting.
2. On August 25, 2017, at around 19:30, the Defendant driven the said marina car under the influence of alcohol level of about 2 km from the front side of the mix in the trade name in front of the office of the Yancheon-gun, Chungcheongnam-dong, Chungcheongnam-do to the Yansan So-do, Seocheon-do, Seocheon-do, to the Yansan So-do, Seocheon-do, Seocheon-dong, the Defendant driven the said mast car in the influence of alcohol level of about 0
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of alcohol;
1. Criminal records in the judgment: Application of a reply to inquiry, such as criminal history, and a written summary order, to two Acts and subordinate statutes;
1. Relevant provisions of the Act 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;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
4. Article 62 (1) of the Criminal Act on the suspension of execution.
5. The grounds for sentencing under Article 62-2 of the Criminal Act [unfavorable circumstances] of the Criminal Act for each of the crimes of this case are that the defendant, who violated the provision prohibiting driving of drinking at least twice, has repeatedly driven drinking twice again, and the nature of the crime is heavy.
In light of the fact that the defendant committed the crime of paragraph (1) of the judgment and committed the crime of paragraph (2) of the judgment in Korea, the intention to comply with the traffic laws and regulations seems to be weak.
[The favorable circumstances] The defendant committed each of the crimes of this case.