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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 January 14, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the District Court of the Republic of Korea on January 14, 2008, and a fine of 3.5 million won for the same crime in the High Court of the Republic of Korea on March 21, 2012.
On October 7, 2018, the Defendant driven a vehicle B in the Republic of Korea with a alcohol content of about 0.127% in blood around 22:49, the Defendant driven a vehicle B in the direction of approximately 1 km from the active duty service to the 333rd king of Sungnam-si, Sungnam-gu, Sungnam-si, as the Defendant was under the influence of alcohol content of 0.127% in gender-nam-si.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of double summary order by suspect;
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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2009Da1448, Apr. 2,
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;