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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On May 28, 2009, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s branch on May 28, 2009, and a fine of KRW 2.5 million as the same crime in the same court on February 3, 2010.
【Criminal Facts】
On August 1, 2016, at around 21:15, the Defendant driven a vehicle B in the state of alcohol with a blood alcohol concentration of about 0.138% from approximately 200 meters to the roads in the same Ri, from the roads in front of the Dong Dosan-ri, the Dong Dosan-si, the Dong Dosan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;
1. Application of statutes concerning criminal records and copies of each summary order;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although the defendant had been sentenced to a fine due to the reasons for sentencing under Article 62-2 of the Criminal Act and two times, the defendant's age, occupation, character and conduct, the circumstances leading to the crime of this case, and the circumstances before and after the crime of this case, etc., are considered to have taken into account the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, occupation, character and conduct, and circumstances before and after the crime of this case.