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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] The defendant has a record of being sentenced to a fine of one million won for a crime of violating the Road Traffic Act in the Changwon District Court through the Changwon District Court on February 29, 2008, and a fine of three million won for the same crime in the same court on August 17, 2009.
【Criminal Facts】
On March 8, 2013, the Defendant was under the influence of alcohol with 0.103% of blood alcohol concentration at around 21:50, the Defendant driven a B-to-purd vehicle from the front road of the LG stations located in the Dong-dong of Changwon-si, Changwon-si to the front road of the Domp square in the same Dondong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records: Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture shall be determined by taking into consideration the following: although the defendant had had the record of being punished three times due to drinking driving since 2005, he/she does not repeatedly be subject to the same crime; however, he/she reflects his/her mistake and has no record of punishment exceeding the fine, etc.
In addition, probation and lecture order is added in order to encourage the eradication of drinking driving.
It is so decided as per Disposition for the above reasons.