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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On July 10, 2008, the Defendant was issued a summary order of KRW 2 million for a violation of road traffic law (drinking driving), and on October 23, 2008, a summary order of KRW 3 million for a violation of road traffic law (drinking driving) was issued, respectively, in the support of the Daegu District Court under the jurisdiction of the Daegu District Court.
[Criminal facts] On August 23, 2016, the Defendant driven a B 140-car while under the influence of alcohol content of about 0.209% in the upper direction of the 30m of the YY elementary school located in the Hacheon-dong, Hacheon-dong, Hacheon-dong on August 23, 2016
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the history of drinking driving twice) and statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime (the record of the crime of the same kind and the numerical value of drinking);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of loss (the gap between confession, reflectivity, the records of the same crime, and the crime in this case);
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);
1. An order to attend a course under Article 62-2 of the Criminal Act;