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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 29, 2006, the Defendant was issued a summary order of a fine of KRW 3 million in the same court as the same crime on September 26, 2013, on the grounds that the Defendant violated the Road Traffic Act (drinking) in the Goyang Branch of the District Court of the Republic of Korea on November 29, 2006.
On September 26, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 0.122% from the 2km-ro 95m-dong, U.S. to the front road of the same Sinsan-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong (U.S.) around 03:53 on September 26, 2016.
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. Inquiries about the results of regulating driving of drinking, notification of the results of regulating driving of drinking, and a circumstantial report on the driver of drinking;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Relevant legal provisions 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;
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. In full view of all the factors such as the defendant's confession, alcohol level, the record of punishment for drinking driving (four times), the time gap between the immediately preceding detection and the day of accident, the fact that there is no history of punishment exceeding the fine, and the defendant's age and gender, sex behavior, environment, occupation and career, family relation, circumstances of crime, details of crime, circumstances after crime, etc., the punishment shall be determined as ordered by the order.