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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 May 3, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on May 3, 2007, and a fine of one million and five hundred thousand won for the same crime at the same court on April 27, 2009, respectively.
On October 13, 2013, the Defendant was a person who violated the provision on “the prohibition of driving under the influence of alcohol” two or more times. On October 21, 2013, the Defendant driven a BNS CF car under the influence of alcohol with approximately 0.145% alcohol concentration in the section of approximately 2km from the Do of Incheon at the seat of the Hancheon-gu Incheon Highway located in the Doncheon-gu, Seocheon-gu, Seocheon-gu, Incheon to the front road along the roads located in the Dong-gu, Seocheon-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (all circumstances, including the confession of a crime and the reflective nature of a crime, and the fact that there are some circumstances considering the circumstances of a drunk driving);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;