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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
Criminal facts
[criminal history] The Defendant is a person with five times the same kind of force, including the issuance of a summary order of a fine of KRW 3 million on March 12, 2013 as a crime of violating road traffic laws (drinking) at the Changwon District Court’s Tong-gu branch on February 21, 2008, and a fine of KRW 5 million on March 12, 2013 as a crime of violating road traffic laws (drinking driving) at the Changwon District Court’s branch court’s branch court.
[2] On June 13, 2016, around 21:30, the Defendant driven a liquid e-sports vehicle B with approximately 10 meters water alcohol level 0.151% while under the influence of alcohol level 0.151% on the front of the New Saemaul Undong Undong Treasury, the 673-Wonam-gun, Sari-ro, Sari-gun, Sari-gun, Sari-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the result of regulating drinking driving;
1. Each report on investigation;
1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (judgments, summary orders)-related Acts and subordinate statutes;
1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;
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. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentence against the defendant is set in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the number of alcohol content, the course and distance of driving, the records of punishment for the same kind of crime, and the defendant's age, sex, environment, and the circumstances after the crime, etc., and the order to attend lectures is added due to reflective and sexual reflection.