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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 April 18, 2008, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on April 18, 2008, and a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on May 20, 201.
On December 5, 2015, the Defendant driven a mixed vehicle B while under the influence of alcohol content of 0.128% in a section of approximately 500 meters from the Sinsan-dong Sinsan-dong Sogsan-si, Sinsan-si to the Sinsan-si from the Sinsan-si Sinsan-si (hereinafter referred to as the “Sinsan-si”).
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 an inquiry letter, investigation report (report attached to a judgment) and other Acts and subordinate statutes, including criminal history;
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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Consideration of protection and observation, and consideration of the reflection of the reason for sentencing under Article 62-2 of the Criminal Act, the majority of the previous convictions of drinking, the figure of drinking, and the fact of causing accidents;