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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On April 10, 2008, the Defendant issued a summary order of a fine of KRW 700,000 at the Suwon District Court on April 10, 2008, and a fine of KRW 2 million at the Suwon District Court on November 27, 201.
【Criminal Facts】
On August 30, 2012, at around 22:48, the Defendant driven a DNA-type car with a blood alcohol content of about 0.191% while under the influence of alcohol at approximately 2km from the front of the same steel station in the front of the mutually influoric city of Ansan to the front of the same steel station in the inner in the mnitic city of Ansan.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previouss before ruling: Application of criminal records, reply reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture does not seem to have a possibility of criticism in that the defendant, who had been sentenced to two times a fine due to drinking driving, once again drives under the influence of alcohol.
However, in light of the fact that the defendant seems to be aware of and reflect on the crime of this case, the defendant has no previous conviction in addition to the above fine, the defendant's age, character and conduct, and environment, and other circumstances that are conditions for sentencing, the punishment as ordered shall be determined by taking into account all the circumstances.
It is so decided as per Disposition for the above reasons.