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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 sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 6, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on August 6, 201, and on May 30, 2014, the Seoul Eastern District Court received a summary order of KRW 4 million as a crime of violating the Road Traffic Act.
On May 18, 2017, the Defendant driven C rocketing car with approximately 100 meters alcohol content of about 0.130% under the influence of alcohol content from the front of the post office of Namyang-si located in Pyeongtaek-si, Namyang-si to the front road of the Namyang-si, Namyang-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);
1. Inquiries about the results of crackdown on drinking driving;
1. On-site photographs;
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);
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. The punishment shall be determined by taking into account the circumstances under the grounds of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, method and mode of committing a crime, and the circumstances before and after committing a crime, etc.
- Unless there is a serious reflect, or no longer than a stay of execution for the last ten years, the social relationship clear, the detention of the accused entails excessive difficulties for the dependent.