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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
[criminal power] On April 28, 2008, the defendant was issued a summary order of 700,000 won of fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on October 14, 2009, the same court issued a summary order of 2.5 million won of fine for a violation of the Road Traffic Act.
【Criminal Facts】
On November 08, 2013, at around 22:45, the Defendant driven B white NewG car in the state of alcohol alcohol concentration 0.126% in front of “bank discounts” located in the Yellow-dong located in the Gecheon-si, Kimcheon-si, in approximately three kilometers away from the road before “the groke restaurant at bones,” which is located in the Gecheon-dong, Kimcheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Previous records: Application of criminal records, inquiry reports, investigation reports, and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du1148, Jan. 1, 2001>
1. Article 62 (1) of the Criminal Act;
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;